• Plot purchased under wife name by husband

I bought a plot vacant land and paid to seller through bank check but it was registered under wife name out of love. To build a house. Now we separated but no divorce filed both sides yet. Plot possession along with original documents. In addition she filed 498A on me and my family members. Can I claim my land through court order advice Pls.
Asked 2 years ago in Property Law
Religion: Hindu

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10 Answers

file declaratory suit that you are absolute owner of plot as full consideration was paid by you 

 

2) seek injunction restraining wife from selling the plot 

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

ok then file declaratory suit as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99877 Answers
8150 Consultations

Yes you can claim 498 A is nothing to do with your flat in civil case

Prashant Nayak
Advocate, Mumbai
34590 Answers
249 Consultations

Yes, you can claim equal share in the property. File divorce case. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

- If the said plot is purchased by you after investing amount and no part of the consideration amount has been paid by the wife, then you can get ownership of the same. 

- You can file a declaration suit before the court after giving proofs of fund payment , for declaring owner of the plot. 

Mohammed Shahzad
Advocate, Delhi
15830 Answers
242 Consultations

Yes, you have to file suit to claim possession and declaration. Actual owner is you. 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Dear Client,

Yes, you can claim your land through court order. The fact that you paid for the land and have the original documents is strong evidence that you are the rightful owner. However, the fact that your wife has filed a 498A case against you may complicate matters.

A 498A case is a serious charge that can have a significant impact on your life. If you are convicted, you could face imprisonment. 

In your case, you can file a civil suit to claim the land. You can file a counter-suit against your wife for filing a false 498A case.

The outcome of your case will depend on the facts and circumstances of your case.

Anik Miu
Advocate, Bangalore
11023 Answers
125 Consultations

If you have evidences for the transaction and the money paid for the purchase of the property from your account, then on the basis of evidence you can file a suit for declaration to declare the title of the property on your name.

You have to take up the case very strongly through a skilled advocate so that you don't miss the bus at the last moment.

 

T Kalaiselvan
Advocate, Vellore
90076 Answers
2501 Consultations

The option before you is to get the title to your name by a court order and get it re-registered to your name by process of court

T Kalaiselvan
Advocate, Vellore
90076 Answers
2501 Consultations

Yes file a declaratory suit and get your ownership declared as the funds had flown from you 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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