The divorce (as per muslim law) took place in between सHusband and Wife before 2 months. Before divorce, both had spent almost 35 years together. During their married life, the husband purchased few properties from his own income and funds, while wife had no financial source at any time. The properties, whichever purchsed by husband, few of them are on his name, few are in joint name and few of in 80-20% sharing, according the names were recorded in right of records at respected Govt. departments of Maharastra. The wife, due to avarice and to grab properties, suddenly evicted forcefully from the properties, (which are in joint and sharing name), few months ago, before divorce, therefore, sudden forceful eviction from the properties, and cruel behaviour towards husband by ex-wife, became the main reason of divorce. The Husband is trying to get all properties back, which are in possession of his ex-wife, being purchased from his own funds, made to seller at that relevant time by cheque and bank transfer. The police complaint is also given but police are not that much keen to lookafter the complaint. Therefore my question is as below: 1.What is civil remedy to get back all the properties, which are either in Joint and sharing (80-20%) name but in the possession of ex-wife. 2.What type of suit one should file under what section or order. 3.How to get immediate possession as husband is totally evicted forcefully. THANKS
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1., The position of law is that the property in the joint names on whichever proportion shall remain till the end until it is disposed or mutually agreed to transfer each other's right to each other on any compromise or mutually agreed conditions.
2. No suit may be maintainable except partition suit by which you can claim your legitimate share in the property.
3. He should file an injunction suit and fight for his share in the property.
1. Suit for declaration of ownership and possession of the properties has to be filed.
2. Declaration suit under Specific relief act.
3. See husband in suit can seek interim relief for possession then court may grant same.
He needs to file suit for restoration of his possession and declaration of his ownership as well as cancellation of her ownership being the said properties purchased by his source of funds. Immediate possession is difficult but can get it under one property under interim order if he doesn't have place of his own residence.
Husband has to file declaratory suit that he is absolute owner of properties as full consideration was paid by him
2) seek injunction restraining wife from creating third party rights in the properties
Dont even think of doing anything, you may not like my reply, you will not get back those.
1. The property purchased in the nae of wife will be treated as hers only irrespective making payment by you. The property purchased in joint name of your wife will be hers in half share even if you made the whole payments. Only the properties purchased in your sole name will be yours.
2. Now if those properties which are purchased jointly with your wife is not returned to you as per your half share then you can file civil suit for partition.
3. Once the final decree of partition suit is passed then only you will get physical possession of it. There is no short cut for this.
if all of the money has been paid by you, but you have registered the property in your Ex wife's name. you can do NOTHING about it unless and until your Ex wife voluntarily executes a relinquishment deed in your favour Or you can file a suit to declare such sale deed if you can. But you have to show that you have given the all considerations for the purchase and your wife has contributed nothing as she didn't had any source of income at the time of purchase of property or she anyway hadn't given a penny for the purpose.
1& 2. If the sharing is by a registered deed or by mutual settlement in presence of witnesses which is not registered then you have to file a case before the Civil Court for your share in which you will have to pay court fees according to the present collector rate valuation of the property, as this is expensive I would like to suggest you to file a criminal complaint under Sec.420 IPC for cheating by non-compliance of the terms and conditions as settled by ulterior motive.
3. No way except forceful eviction and get the property locked under police surveillance.
1. a declaratory suit needs to be filed
2. the prayers will include declaration, possession, injunctions
3. interim application for restoration of possession has to be taken out
