• How to re-register property which is in my missing spouse name

Dear Sir,

I have separated from my spouse 1.5 years ago. He went missing since almost 1.5 yrs

I have filed divorce 9 months ago, which is still in progress (Ex-parte)

I haven't filed maintenance case also. 

But i have a property registered document in his name in Tamilnadu. 

How do i get it re-registered in my name while he is missing?

My husband has committed lot of crime and moved out of me.

Please help me with the ways ..

Thank,
Vijaya
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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7 Answers

1) property cannot be registered in your name without your husband consent

2) husband can execute gift deed in your favour then property can be registered in your name

3) on his demise as legal heir you can inherit the property

4) on husband demise you would not inherit any property if you are divorced

5) you can file DV case and claim right to stay in said property

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1) you can seek maintenance

2)if husband fails to pay seek attachment of his property

3) property can be sold as per court orders to recover your maintenance dues

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. If you are not getting maintenance from your husband you can file such case for maintenance under PWDV Act.

2. You can seek injunction from court under the said Act to create charge on the proeprty.

3. If he does not appear the court can pass ex parte order which can be executed by issuance of arrest warrant.

4. You can pray for residence order on the sai house so you can stay therein.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

Hi

You have multiple options to claim maintenance/Interim maintenance

a) You can apply for maintenance under Section 125 Cr.P.C or

b) Under section 20 of Protection of Woman from Domestic Violence Act (DV Act) or

c) Under Section 24 of Hindu marriage act for interim maintenance OR

d) Under Section 25 of Hindu marriage act for permanent alimony and maintenance

Since it appears that your divorce petition is at advanced stage, it is recommended that you should file for both interim maintenance and Permanent alimony and maintenance under section 24 and section 25 of Hindu marriage act by merely filing I.A in your main divorce petition

You can file for attachment of your husband's immovable property in your favour towards recovery of interim maintenance or Permanent alimony and maintenance either

a) under Section 128 of Criminal Procedure Code Or

b) Under Section 488 of Criminal Procedure code or

c) under section 60 of Civil Procedure code, depending on the nature of suit filed by you.

In case of you choosing to file for interim / permanent alimony under section 24/25 of Hindu marriage act, Section 60 of Civil Procedure code is preferred as subsequent to attachment, you can also transfer the property in your name on the grounds of default to pay maintenance by your husband.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1. The property is registered in your spouse's name, so it can be transferred to you by him alone through a deed of conveyance to be executed by him in your favour. If he is unheard of for a period of 7 years then he may be presumed dead, in which event you may claim succession to his property.

2. If he is missing then there is no way you can execute a court order awarding maintenance to you. The court will not attach his property in execution proceedings if he is missing.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You cannot re-register the property standing on his name to your name on your own.

He has to execute a registered deed to transfer the property to your name.

He may be missing, but what action have you taken to find or trace him out?

Have you file a police complaint for man missing?

Do you have receipt for the complaint by the police and the certificate from police for not able to trace him?

You have to file a declaration suit before civil court for declaring him civil dead after seven years from the date of last seen him or having reported him missing.

Once the court pases an order declaring him civil dead, then along with other legal heirs you shall be entitled to a share in the properties left behind by him.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

1. Yes you can file a maintenance case agaisnt him and can create a charge on this property for the purpose of maintenance payment.

2. You can reside in the property since you have residential rights in your matrimonial home, even if he is available now before you, he cannot restrict your entry in it nor can he throw you out of the house.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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