Husband can file declaratory suit that he is absolute owner of property as full consideration has been paid by him
2) enclose copy of bank statements to prove that loan EMI was paid from husband funds
Claim back Property by filing declaratory suit
Husband purchase property in wife name from his own funds. 1. 2004 first property was purchased by husband,s fund in wife name . 2. 2007 second property loan was taken and husband was co-applicant but wife was not doing any business. husband paid rent on property bought to wife & emi was paid through that rent amount. 3. 2007 husband purchased third property on loan both were Co-applicant, emi was paid from rent paid by husband. 2016 And sold this property and purchased flat from the profit amount in wife name. 4. 2016 fourth property A flat was purchased in joint name on loan and all emi was paid from rent. But one thing is there that before payment of loan or emi fund was transferred by husband form his own A/c or his family business account to wife's A/c for payment of loan or emi. And Except 4rth property all loan are closed. One more thing because of rental income in wife's name Income Tax Return was filed by wife from 2007 till today. Can Husband Claim back Property by filing declaratory suit. Please provide some Judgement if possible.
Asked 2 years ago in Property Law
Religion: Hindu
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6 Answers
He can file declaratory proof and prove tht consideration is paid by him for all the said property and claim the same
- In some cases property is purchased directly from the funds of husband, in other cases property is purchased from the funds in the form of rents generated from the property acquired from fund of husband.
- In some cases EMIs are paid from the account of wife but the funds to pay EMIs were deposited in the accounts of bank by husband.
- Fact is that all properties are purchased from the funds of husband, either directly or from the rents of property purchased by husband and for EMIs paid by wife money transferred from the accounts of
- Husband is legal owner of all properties and he can file a declaratory suit for declaration of him as legal title holder of properties.
The husband admits to the wife's EMI repayment and also since the wife had been filing the ITR from very long, besides she had been paying the EMI amount out of the rental amount she had been drawing from the property on her name, the husband has less chance to win the case filed to declare his title
However if the documentary evidences are supporting to the pleadings made in the suit, then the chances for winning the suit are brighter.
This all is Benami Transaction. Actual owner is Husband only. If wife not cooperating then husband can file Declaration Suit. Wife has no source of income. Rent amount belongs to husband only because All properties owned by husband.
- If you are having proof of fund payment for the purchase of these properties even in the name of wife or in joint names , then also you can claim ownership of the properties
- You can file a declaration suit before the court after submitting the proof of fund for becoming single owner of entire properties.
