• Land rights

I have purchased 303 sq meter land in the name of my wife. I made all the payments by bank for purchasing that land. My wife has no source of income as she was a house wife.Now she left me and my 6 year kid and trying to sell that land and trying to getting visa to go abroad. Can I do anything in this matter.
Asked 6 years ago in Property Law
Religion: Hindu

4 answers received in 1 hour.

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17 Answers

File declaratory suit that you are absolute owner of land 

 

 

2) enclose copy of bank statements that price you made payment for land 

 

3) seek injunction restraining sale of land  by your wife 

 

4) your consent is necessary to obtain visa for taking child abroad 

Ajay Sethi
Advocate, Mumbai
99881 Answers
8150 Consultations

File declaratory suit as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99881 Answers
8150 Consultations

Get the title in your favour by filing a title declaration suit in court along with an injunction order.  Since you have made all payments towards consideration of the property your wife does not legally hold any  right or share of interest in the said property.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

try to settle the matter amicably with your wife involving elders/relatives/friends etc and take her back, and if, failed, file Restitution of conjugal rights petition in the Court,

you can also file a civil suit and take injunction on sale/transfer of said plot stating the reason, the amount invested was yours.

 

Suneel Moudgil
Advocate, Panipat
2388 Answers
6 Consultations

1. The land purchased in the name ofyour wife would be considered her sole property , even if you paid the full consideration money.

2. Since your wife is the owner of the land without her consent and signature you can not sell the land.

3. However for getting divorce this land has no nexus and if there are instances of cruelty you can file the divorce suit on the grounds of cruelty.

4. Since such suit takes lot of time it is advisable that you go for compromise and obtain mutual divorce. 

Devajyoti Barman
Advocate, Kolkata
23657 Answers
538 Consultations

Sir you can file declaration suit before the civil court praying before court to declare you owner of the property based on the payments made.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The child cannot be taken abroad without your consent.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello, 

You may file a suit for transfer of the title of the property to your name. 

You may make a paper publication to the effect that no one shall purchase the land and if in case any one purchases the same you may challenge the sale deed before the court. 

You may also send a legal notice to your wife with regards to the same before approaching the court of law. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1.The only thing you may do is file a suit for declaration to declare you as the true owner of the land on the ground that sale consideration is paid by you. In your suit you can seek temporary injunction to restrain her from creating third party rights on the land. 

2. You will have to prove that sale consideration was paid by you.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You can file a suit and take injunction order for not selling the house and not creating third party rights

Prashant Nayak
Advocate, Mumbai
34594 Answers
249 Consultations

This is my response to you:

1. Since it is in her name then she can dispose of as per her wishes;

2. You can file a suit in the civil court and get a stay on the sale;

3. You can also obtain an injunction;

4. You will have to showcase all your bank details regarding the payment made by you;

5. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Who is carrying sale deed ? Without original sale deed. sale not possible. Well, file declaration suit and get injunction agasint sale. As per property documents, she is owner. In actual owner is who actually contributed in purchase but this will declare by court only.

And without your NOC, visa will not grant to child. You can also write to visa authority not to permit VISA to child.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

The property bought on your wife's name shall be her own and absolute property.

However you are not restricted to file an injunction suit agaisnt her proposal to sell the property on the basis of the documentary evidences in your support for having funded the property and other merits in your favor.

T Kalaiselvan
Advocate, Vellore
90079 Answers
2502 Consultations

If you cannot tolerate her tortures anymore then you may plan to file a divorce case on the grounds of cruelty.

T Kalaiselvan
Advocate, Vellore
90079 Answers
2502 Consultations

if the husband can prove in the court that he funded the purchase, even though the title is held by the spouse, he can claim the property.

Mohammed Mujeeb
Advocate, Hyderabad
19345 Answers
32 Consultations

Dear Client

You should file a declaration suit against your wife and also a fraud case against your wife as she has no source of income court can be In your favor because you have transfered the money from your bank account you may have upper hand in the case. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have bought the house on her name, but actually whole amount was paid by you.
  2. As per law, wife cannot take advantage of the fact that husband has bought a property on her name m, so that she can fly away with the same.
  3. You should file a suit for injunction from selling the property before the Civil Court of Law till the final conclusion of the case as to whether she has the right to dispose off the property or not.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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