• Declaration of immovable property

Husband has purchased property from his own income but in the name of wife, few of them in joint name and few of them are on wife's individual name. Now the matter has goan in family Court for divorce where husband wants divorce along with his properties back in his name.

my question.
whether Husband can ask the declaration of said property in FAMILY COURT that he is owner of said properties being purchased from his own income though it stands on wife's name whether in jointly or individually as the case may be OR HUSBAND HAS TO FILE SUIT OF DECLARATION IN CIVIL COURT.
Asked 10 months ago in Family Law from Thane, Maharashtra
Religion: Hindu

1. There is no specific rule with regards to this and it is all factual.

2. How many years in the marriage?

3. Wife had the capacity to earn or not? 

4. What is the ground for divorce?

Please clarify the said question 

Anilesh Tewari
Advocate, New Delhi
17271 Answers
267 Consultations

5.0 on 5.0

The declaration suit for property has to he filed in the civil court of the jurisdiction where the property is situated.

Shubham Jhajharia
Advocate, Ahmedabad
20947 Answers
81 Consultations

5.0 on 5.0

Husband has to file declaratory suit in civil court that he is absolute owner of property though purchased in wife name as full consideration was paid by you 

Ajay Sethi
Advocate, Mumbai
69091 Answers
4157 Consultations

5.0 on 5.0

1) If the properties are on wife's name clear title its depends totally on wife wish to give back to husband or not. Or she may make different story to transfer property on husband name.

2) So, try to get sorted out this issue by way of mutual consent divorce and make settlement of all properties.

Ganesh Kadam
Advocate, Pune
8273 Answers
69 Consultations

4.9 on 5.0

You need to go in civil court.

But amicably  possible  try to solve in divorce case.

 

Pramod Shankarappa Dhule
Advocate, Pune
29 Answers

Not rated

But husband have to show that he have given the all considerations for the purchase and  wife has contributed nothing as she didn't had any source of income at the time of purchase of land or she anyway hadn't given a penny for the purpose.. 

Mohammed Mujeeb
Advocate, Hyderabad
11791 Answers
4 Consultations

4.5 on 5.0

1. The family court has no jurisdiction to try this adjudication or to declare title over the property. Since the property was purchased in the name of wife she alone would be treated as ts lawful owner and only way to make him owner once again to make a gift deed done by his wife.

2. If this is not possible then a civil suit for declaration is to be filed in the local civil court.

3. In the petition for mutual divorce the terms of making gift deed done by wife can be incorporated.

Devajyoti Barman
Advocate, Kolkata
18132 Answers
260 Consultations

5.0 on 5.0

1. The husband shall have to file the declaratory suit before the Civil Court praying for the declaration that he has paid the entire consideration for all the properties which he had registered in his wife's name due to affection and the said properties are required to be declared as owned by him and the Registrar is directed to delete the name of his wife from the record for all the properties.

 

2. It can not be filed before the family court.

Krishna Kishore Ganguly
Advocate, Kolkata
22800 Answers
613 Consultations

5.0 on 5.0

A declaratory suit in civil court has to be filed 

Family court does not have jurisdiction to try property dispute

Also the property will be hit by benami transaction as true owner is husband and name lender is wife 

There is penalty for such transactions under the benami law and the property is liable to be confiscated by the government unless the benami transaction occured prior to 1.11.16 when such transaction was allowed if purchased in name of wife for her benefit, unless it is proved to the contrary

Yusuf Rampurawala
Advocate, Mumbai
4674 Answers
28 Consultations

5.0 on 5.0

Legally he can't claim the property back from wife which are exclusively in her name even if money is invested by husband. He can get the joint Property by settlement. If he settles the matter with her and take a mutual Divorce then he can work out a condition.

Prashant Nayak
Advocate, Mumbai
14584 Answers
25 Consultations

4.6 on 5.0

The property which has been purchased by the husband with his money but in the name of his wife.....belongs to the wife. He cannot have any rights over it irrespective of the fact that he has paid for it.

In case the wife refuses to leave the property he can do nothing. However if the wife wants to handover the property she has simply to transfer the same in her husbands name.

Regards 

Rahul Mishra
Advocate, Lucknow
5076 Answers
12 Consultations

5.0 on 5.0

1. Husband has to file  suit for declaration to declare himself as the owner of the properties. He has to prove that sale consideration of the property was paid by him, not wife. 

2. Till such time that court of competent jurisdiction declares the husband as owner of the properties, his wife in whose favour the sale deed has been executed will remain the owner thereof.

Ashish Davessar
Advocate, Jaipur
26720 Answers
797 Consultations

5.0 on 5.0

Dear Sir,

The husband must show to the court that such properties were purchased exclusively by his own income.  The wife is having a liberty to disprove the same saying like she has earned or got some finance from her relatives and invested the same at the time of purchase of such properties.  Normally the wife has no share in the properties except the right of alimony.  If wife has no source of income then entire properties will be declared in the ownership of husband.

Separate suit is advisable to be filed in the same family court seeking declaration and ownership of both catagories of properties.

Netravathi Kalaskar
Advocate, Bengaluru
3811 Answers
18 Consultations

5.0 on 5.0

Dear Querist

as per section 7 of Family Court Act-1984, the Family Court have jurisdiction to entertain the civil suit, read the section as mention below:-

 

  1. Jurisdiction

(1) Subject to the other provisions of this Act, a Family Court shall-

(a) have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the explanation; and

(b) be deemed, for the purposes of exercising such jurisdiction under such law, to be a district court or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the Family Court extends.

Explanation: The suits and proceedings referred to in this sub-section are suits and proceedings of the following nature, namely,-

(a) a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage; 

(b) a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person;

(c) a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them;

(d) a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship;

(e) a suit or proceeding for a declaration as to the legitimacy of any person;

(f) a suit or proceeding for maintenance;

(g) a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor.

 

 

in the point (c ) of the above mention section the family court has power

Nadeem Qureshi
Advocate, New Delhi
5362 Answers
261 Consultations

4.9 on 5.0

Not from family court but through declaration suit in session court.

Yogendra Singh Rajawat
Advocate, Jaipur
14648 Answers
19 Consultations

4.6 on 5.0

He can file a declaratory suit in the same family court to declare the title to the properties which are on her name alone with the documentary evidence about he funding for the property.

He may include even the jointly owned property in the declaratory suit to declare his exclusive title to the property.

However the ultimate decision will depend on the court which may at its discretion even dismiss the suit stating that the women property shall be her own property if she invokes the provision of married women property act.

 

T Kalaiselvan
Advocate, Vellore
58941 Answers
747 Consultations

5.0 on 5.0

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