Q589. Property settlement in India after separation for OCI holder . . .
Question: Hi
I am XXXXXXXXX, I live abroad with my family (husband and two children) since 2006. I have OCI (Overseas Citizen of India)
card. I had some dispute with my husband because of western culture and traditions but I don’t like that and now it is not
possible to live with him. But I don’t want a divorce because I am from a good gentle family. So I am planning to settle back and
spend my rest of life in (India) Delhi with peace and prosperity. I don’t have any property in India but my husband has his only
property in Delhi which has two floors. There is a shop on the ground floor which is occupied by a tenant and nobody lives on the
First or top floor.
I want to ask you few questions:-
1. Can I live in that property on the first floor?
2. Can I get that shop for my own business (Bonafide requirement).That tenant has plenty commercial and residential property in
Delhi.
3. Am I eligible to fight that case?
4. If yes how long it will take to vacant the shop?
5. What’s type of documents I need to prove my side?
6. Should I be in India all time during the case ?
7. How much it will cost to me?
Please advice me what would be better options for me. Your valuable suggestion would be appreciated.
Answer: I have removed your name from your email. The questions you have asked can only be answered by perhaps a lawyer after hearing details of your situation. My suggestion to you would be to try and involve a trustworthy third party such as a relative or friend and try to come to a amicable property settlement with your husband. As children are involved, a peaceful settlement will be the best option for all of you. Lawyers and courts sometimes are unavoidable but they should only be used when all other avenues to settle are exhausted. You also have the option of seeking help from social services agencies that help in family issues. Depending on which country you are in, look in the phone directory for child and family services, to find contact information of such agencies. These services are provided free.
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Q589. Property settlement in
India after separation for OCI
holder . . .
Question: Hi I am XXXXXXXXX, I live abroad with my family (husband and two children) since 2006. I have OCI (Overseas Citizen of India) card. I had some dispute with my husband because of western culture and traditions but I don’t like that and now it is not possible to live with him. But I don’t want a divorce because I am from a good gentle family. So I am planning to settle back and spend my rest of life in (India) Delhi with peace and prosperity. I don’t have any property in India but my husband has his only property in Delhi which has two floors. There is a shop on the ground floor which is occupied by a tenant and nobody lives on the First or top floor. I want to ask you few questions:- 1. Can I live in that property on the first floor? 2. Can I get that shop for my own business (Bonafide requirement).That tenant has plenty commercial and residential property in Delhi. 3. Am I eligible to fight that case? 4. If yes how long it will take to vacant the shop? 5. What’s type of documents I need to prove my side? 6. Should I be in India all time during the case ? 7. How much it will cost to me? Please advice me what would be better options for me. Your valuable suggestion would be appreciated.Answer: I have removed your name from your email. The questions you have asked can only be answered by perhaps a lawyer after hearing details of your situation. My suggestion to you would be to try and involve a trustworthy third party such as a relative or friend and try to come to a amicable property settlement with your husband. As children are involved, a peaceful settlement will be the best option for all of you. Lawyers and courts sometimes are unavoidable but they should only be used when all other avenues to settle are exhausted. You also have the option of seeking help from social services agencies that help in family issues. Depending on which country you are in, look in the phone directory for child and family services, to find contact information of such agencies. These services are provided free.
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