Maintenance Charge Deed

THIS DEED OF CHARGE is made at Mumbai this……..day of……………..2010 between Mr. Y of…………., hereinafter referred to as the first party and Smt. AB residing at………… hereinafter referred to as the second party.

WHEREAS the first party is the husband of the second party and that both of them are living separate.

And whereas the first party as husband is liable to pay and has agreed to pay the second party by way of maintenance a sum of Rs. 1500 per month in advance on or before the 5th day of each month hereafter.

AND WHEREAS the parties have agreed that such payment of monthly maintenance would be a charge on the immovable property being a two-storeyed building at……. Mumbai belonging to the first party.

NOW THIS DEED WITNESSTH and it is agreed by and between the parties as follows:

1. The first party would pay to the second party month by month and every month the sum of Rs……..1500 by the 5th of each month in advance for the upkeep and maintenance of the second party.
2. That such payment of the maintenance shall be a charge on the said property of the first party being premises No…………of……..and the first party hereby charges the said land and premises being No……of…….with the payment of the said sum of Rs. 1500 per month by way of maintenance to the second party.
3. It is further agreed that in the event the first party fails to pay any two monthly instalments of the said maintenance to the second party then in that event the second party will be entitled to enforce the charge hereby created on the premises by bringing the said land and premises to sale through any competent Court of Law and to realise and receive the amount due out of the net sale proceeds thereof.
4. Such charge is created without prejudice to other rights and remedies of the second party to realise and enforce payment of the said maintenance allowance in accordance with law.

IN WITNESS WHERE OF the parties hereto have executed these presents on the day, month and year first above-written.

Signed and delivered by Mr. Y the

within-named first party in the

presence of:

Signature

Accepted by and signed by the

within-mentioned second party

Mrs. AB in the presence of:

Signature

Understanding the Maintenance Charge Deed: A Legal Agreement for Financial Support

A Maintenance Charge Deed is a legal document that outlines the responsibilities of a party (typically a husband) to provide financial support to their spouse (or former spouse) in the form of maintenance payments.

This agreement is particularly important when the parties are living separately and the spouse receiving maintenance requires security for the payment.

In the case of the Maintenance Charge Deed, the payment is made a charge on the immovable property of the person making the payments, providing a form of guarantee for the financial support.

Below is a detailed breakdown of the Maintenance Charge Deed, explaining the key elements and their significance.

Legal Point of the Maintenance Charge Deed

1. Introduction and Agreement to Pay Maintenance

The deed begins with an introduction that identifies the parties involved. The first party is the husband (Mr. Y) and the second party is the wife (Smt. AB), both of whom are living separately.

The husband agrees to pay a fixed sum as maintenance to the wife, typically on a monthly basis, in this case, Rs. 1500 per month. The payment is set to be made in advance, on or before the 5th day of each month.

2. Property as Security for Maintenance

One of the unique features of this deed is that the maintenance payment is made a charge on the immovable property owned by the husband.

In this case, the property is a two-storeyed building in Mumbai, which serves as collateral for the husband’s obligation to pay the maintenance.

The deed explicitly states that the property, identified by its premises number, is charged with the payment of Rs. 1500 per month to the wife.

This means that the husband’s property will serve as security for the maintenance payments.

3. Default in Payment and Consequences

The deed outlines the consequences if the husband fails to pay the agreed maintenance. Specifically, if the husband misses two consecutive monthly payments, the wife is entitled to enforce the charge on the property.

This means that the wife can approach a competent court of law to initiate the sale of the husband’s property to recover the outstanding maintenance dues.

The sale proceeds will be used to clear the unpaid amount.

This provision ensures that the wife has a legal remedy in case the husband fails to meet his maintenance obligations, providing financial security for her in the event of non-payment.

4. Additional Legal Rights and Remedies

The deed further clarifies that the creation of a charge on the property does not exclude other rights or legal remedies available to the wife.

In other words, the wife can still pursue other legal actions to enforce the payment of maintenance or to secure the payment through other means, in addition to or instead of using the charge on the property.

Legal Implications and Benefits of the Maintenance Charge Deed

1. Security for Maintenance Payments: By creating a charge on the husband’s property, the wife is assured that she has legal recourse to recover any unpaid maintenance.
2. This acts as a financial safeguard, particularly in cases where the husband may be reluctant or unable to make timely payments.
3. Enforceability of Payments: The deed provides a clear mechanism for the wife to enforce the maintenance payments through legal means.
4. If the husband defaults, the wife can initiate the sale of the property, ensuring she receives the maintenance amount owed.
5. Legal Assurance: The deed ensures that both parties are clear about their rights and obligations. The husband is legally bound to pay the maintenance, and the wife has legal grounds to claim her dues if the payments are not made as agreed.
6. Preventing Future Disputes: By formalizing the agreement in writing and securing the payment against immovable property, the deed helps prevent future disputes regarding the maintenance amount or payment schedule.
7. It also provides a clear legal framework for resolving any potential disagreements.

Conclusion

A Maintenance Charge Deed serves as a vital legal tool for ensuring that a spouse receives the financial support they are entitled to, particularly in situations where one party is financially dependent on the other.

By creating a charge on immovable property, the deed provides additional security for maintenance payments, and in the event of default, the wife can seek to sell the property to recover the dues.

If you are dealing with a similar situation or need assistance with drafting or enforcing a Maintenance Charge Deed, it is important to consult a legal expert.

Legal Light Consulting offers professional legal services to guide you through such matters, ensuring your rights and interests are protected.

Contact Legal Light Consulting today for your legal needs