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
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.
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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
It purchased in 2019
- 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.
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.
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.
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