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 3 years ago in Property Law
Religion: Hindu
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10 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.
IN INTERIM CASE STAY WAS NOT PROVIDED TO HUSBAND & NOW WIFE HAS SOLD ONE PROPERTY FROM THESE 3 PROPERTY, WHICH IS AN AGRICULTURE LAND. HOW CAN HUSBAND STOP NEW BUYER FROM TAKING POSESSION OF THIS PROPERTY. SECONDLY WHAT SHOULD HUSBAND DO IN DECLATORY SUIT CASE, TO STOP SELLING WIFE REMAINING PROPERTIES.
Asked 1 year ago
1) File appeal against order refusing interim stay
2) take the plea that wife is selling the agricultural land pending hearing and final disposal of suit and stay be granted
3) seek urgent reliefs
As the wife had proceed with the sale of the property in the absence of any stay order, you collect the evidence in this regard and file a revision petition before high court to consider the stay order by setting aside the orders of the trial court in this regard.
- Husband should file Suit for Declaration and Permanent Injunction against wife after making the buyer as party
- Husband should pray for declaring single owner of the property and to restrain his wife and the said buyer to further sell of any portion of the property , and also to declare the sale deed of buyer as invalid.
Dear Client,
In order to prevent your wife from transferring the possession of the agricultural land and to stop the sale of the remaining properties you have to approach the civil court and seek an injunction on the ground that the sale is void on the basis of the pending proceeding with the properties. Besides this, in your declaratory suit pray for a declaration of the sale as null and void and for an order of an ex parte temporary injunction restraining the wife from selling any other properties as and when they are identified, pending the hearing of this matter as provided for under section 34 of the specific Relief act 1963. Make sure that you collect all the relevant papers that would include the ownership proof and any other papers that may have been issued by the court earlier. It is important to use a lawyer who specializes in property and family laws in order to help you in the process.
Hope you find this answer beneficial for resolving the dispute.
