Amount borrowed and acquired properties in wife's name
I had given an amount of Rs.12,00,000/- for joint purchase of land, but with malafide intention, he got registered the same in his wife's name. On insist/questioning the same, he executed an agreement stating that, with 30 days will provide the supporting documents and get execute the title as per proporationate (schedule of property not mentioned) in the agreement but stated that he had taken money for joint purchase of land. the same was FIR with Police and absconded and later got bail and in the FIR facts clearly stated. I had filed civil case for recovery of money seeking attachment the property which got registered in his wife name and both are the parites in the case. but, the opposite counsel arguing that, money taken by husband, how can you attach the wife's property. the property is acquired subsequent to amount paid by me and FIR is clearly states. Please provide the advice or any case laws/judgements/citations in the interest of justice and save me from irrepairable loss. Kindly help me.
Asked in Civil Law from Hyderabad, Andhra Pradesh
Hi, you can't relay on the statement made in the FIR but you can attach any other property belonging to the husband.
1) the opposite counsel is right . you cannot attach property standing in wife name .
2) it is true you advanced money for purchase of land in joint names but if the husband has cheated you and registered it in his wife name you can file criminal complaint of cheating and criminal breach of trust against the husband
3) you can also file civil suit for recovery of money against the husband which you have rightly done but property standing in wife name cannot be attached
1. No judgments or citations will help. You have to prove your case on merits. Citations are not tailor made for a case.
2. On what basis do you say that you gave the amount for the joint purchase of land? Did you enter into an agreement wherein it was articulated that the property is to purchased jointly? Has the agreement been registered?
3. What are the consequences enshrined in the subsequent agreement for violation of the promise?
1. The property stands in the name of the wife which you are claiming that has been purchased with the money taken by her husband from you. Even if your accusition is found to be true, the fact is that the property stands in her name. So, you can not attach her property,
2. You have been grossly cheated by the said person for which you are required to file FIR which you have done,
3. The next step rightly taken by you is filing the recovery suit claiming the said money, interest, damage and cost.