• Right on wife's property

Dear sir,
I was a widow,with two major kids a son and a daughter. In the year 2015 I met a man from Bihar
through matrimonial site.We were ready for marraige in 2016 after understanding each other.
He insisted ,his married children are against his marraige,so we have to live separatly. so, I have given him cash 15 Lacs and Jewellary worth 10 L to buy a flat in Greater Noida. we select a flat to purchase in G.Noida ,cost was 38 Lacs. He paid to seller all the payment of 38 Lacs through his account . The Flat
got solely registered in my name. After few months he pressurised to give Power of Attorney in his favour. Now he started harassment ,dowry demand etc to me. After 5 months of marraige he forcly
removed me from my house. Now I am living with my brother. Please advise me ,what is my rights in that property.Who is the legal owner. regards,
Asked 6 months ago in Property Law from Delhi, Delhi
Religion: Hindu

Since the flat is in your name and you paid the amount you are owner of the flat further file an injunction suit on the property and give a notice to him and in newspaper to cancel the POA as he can sale the flat. Further along with injunction seek possession of flat illegally occupied by the husband.

Also file a complaint in the CAW cell for domestic violence and dowry harassment against the man and seek maintenance from him and protection rights and residence in your flat since he pushed you out,

Take urgent steps for cancel the POA as he can sell the said property with that POA.

Shubham Jhajharia
Advocate, Ahmedabad
10756 Answers
39 Consultations

5.0 on 5.0

This is my response to you:

1. You can send him a legal notice to claim full ownership;

2. If he is occupying the flat then file for criminal trespass to the police station;

3. You can also file a case against him under Dowry Act;

4. If he does not give back the possession then file for a suit in the relevant court;

5. Since the property is in your name then you become the owner of the same;

6. Also you will need to file a divorce case. case under DV act, also under IPC.

Gowaal Padavi
Advocate, Mumbai
1589 Answers
2 Consultations

5.0 on 5.0

As per your query, the said flat is legally his as the sale consideration was made by him from his account as he can get the ownership transferred by filing declaration suit in civil court based on the payment made by him. You should file for an injunction order against your husband restraining him to enter into the property.

You should file a police complaint against him for Criminal breach of trust, cheating, dowry harassment and criminal intimidation under section 406, 420, 498 a and 506 of the Indian Penal Code.

You can also file a petition claiming maintenance from him as well as residence rights as your husband is legally bound to maintain you.

Siddharth Jain
Advocate, New Delhi
2675 Answers
29 Consultations

5.0 on 5.0

If you not like to live with him anymore then you should file divorce petition and file complaint to the women cell for domestic voilence and dowry.... ND claim alimony in your divorce petition .

We are happy to help you

Contact us now...!!

Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

Your are still the owner of the flat but I need to look through the contents of SPA which you have executed.

You need to register a complaint against your husband u/s 498A, domestic violence act & dowry act.

Junaid Ali Khan
Advocate, New Delhi
159 Answers
1 Consultation

4.7 on 5.0

You have right to stay in your matrimonial home

2) file DV case against husband seek right to stay in your matrimonial home

3) seek an injunction restraining husband from obstructing your possession of house

4) also file dowry harassment case against husband under section 498 A of IPC read with section 2,3 of dowry prohibition act

5) revoke POA given to husband

Ajay Sethi
Advocate, Mumbai
55639 Answers
3355 Consultations

5.0 on 5.0

Dear Client,

Is this POA registered or notorised . If notorised, file FIR for cheating, dowry and criminal trespass. You are actual owner but if you have given registered POA than little glitch still you can be removed from house.

If you have proof of all the payment given to him and jewellery, you can claim absolute ownership and eviction of husband.

Yogendra Singh Rajawat
Advocate, Jaipur
7053 Answers
5 Consultations

4.7 on 5.0

1) Did you gave Power of attorney to him.

2) if you not gave him power of attorney then You are the owner of the property.

3) Kindly File a dowry case 498/a and Domestic violenc case against him

4) you can file a complaint in nearest police station.

Mohammed Mujeeb
Advocate, Hyderabad
3835 Answers
2 Consultations

4.5 on 5.0

Hi

1) Under section 14 of Hindu Succession Act, any property in possession/registered in the name of the woman is her absolute property.

2) It is immaterial whether the wife has paid or the husband has paid the sale consideration of the house. As long as the property is registered in your name, you are the absolute owner.

3) So please approach the nearest police station and file a complaint of harassment, dowry.

4) Also file a Domestic violence suit and obtain residence order under section 19 of Domestic violence act.

5) Courts will grant you residence orders based on which you can continue to reside and also claim ownership of the flat for which you are the absolute owner of the property

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
1549 Answers
217 Consultations

5.0 on 5.0

1. If the house belongs to you then there is nothing to worry.

2 File a case under PWDV Act wherein the court would give you protection order and force him to get out of the house.

3. In the said case you get maintenance order as well.

4. This man seems to be your bad choice. So do not waste time anymore and file a case under section 498A ipc.

5. Yes, then divorce suit would be the last nail on the coffin of this marriage.

Good luck.

Devajyoti Barman
Advocate, Kolkata
14982 Answers
207 Consultations

5.0 on 5.0

Obviously you are the owner, of yours flat.

Chanda Singh
Advocate, Noida
6 Answers

Not rated

1. Was he authorised to sell the house through the POA that you gave him? Has he sold the property already on the basis of POA? If he has not sold the property yet then the remedy in your hands is to file a suit for cancellation of the power of attorney and seek a declaration that you are the true owner of the property and also seek injunction to restrain him from creating third party rights.

2. Furthermore, you may also file a DV case under Section 12 of DV Act to seek right to residence in the said property.

3. A criminal case under 498A for dowry harassment can also be filed by you.

Ashish Davessar
Advocate, Jaipur
24821 Answers
698 Consultations

5.0 on 5.0

You are the legal owner of the house property.

You can file a suit for ejecting him along with an injunction to not to interfere in your possession and enjoyment.

You can file a dowry harassment case Besides DV case against him

T Kalaiselvan
Advocate, Vellore
45709 Answers
537 Consultations

5.0 on 5.0

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