Yes you can file the same. No both matters will be disposed separately
Declaration suit to remove wife's name
I have a house and at the time of registration of the site, my wife's name was also included along with my name without any specific reason. Enitre money towards purchase of the land and the construction of the house was paid by me and i have detailed bank statements to prove. I have recently filed a divorce petition and the first hearing is scheduled on February 12, 2024. To avoid my wife's claim on this house, I am planning to file a declaration suite to get myself declared as the sole owner of the house. Questions: 1. Is it a good idea or not to file a declaration suit while a divorce case is going on? 2. Will my declaration suite delay my divorce case or vice-versa?
Asked 4 months ago in Property Law
Religion: Hindu
8 Answers
you can file declaratory suit that you are absolute owner of the house as full consideration was paid by you
2) it will not delay divorce proceedings
The divorce case has nothing to do with the declaration suit, you may proceed with the proposed declaration suit now itself because it will create a pressure on her to come for a mutual consent divorce too.
The declaration suit will not have any impact over the conduct of divorce case.
1. It's not advisable to file for Declaration Suit while a divorce case is underway.
2. Take one after the other.
1. You can file a suit for Declaration for becoming the single owner of the property after submitting the proof of fund payment for purchasing and construction of the house.
2. The Divorce case will not effected by the Declaration suit .
Dear Sir,
My answers are as follows:
1. Is it a good idea or not to file a declaration suit while a divorce case is going on?
Ans: It is wonderful idea to file such suit and recently it was decreed for one of my client otherwise wife may
claim that towards her alimony.
2. Will my declaration suite delay my divorce case or vice-versa?
Ans: Not at all. No vice-versa effects.
Dear client,
It could be a wise move to file a declaration suit to establish your sole ownership of the house, especially if you can provide evidence such as detailed bank statements showing that you solely financed the purchase and construction. However, it's crucial to consult with a qualified lawyer specialized in property and divorce law in India to assess the specifics of your situation. In some cases, filing such a suit during divorce proceedings might complicate matters, so legal advice tailored to your circumstances is vital.
The declaration suit and the divorce case might have an impact on each other, potentially causing delays or complications. For instance, the court handling the divorce might decide to wait for the outcome of the declaration suit before making a decision on property division. Conversely, progress in the divorce case might influence how the court handles the declaration suit. These interrelations could vary based on the judge, court procedures, and the specific facts of your case.
In Indian law, property acquired during marriage can be subject to division during divorce proceedings, regardless of whose name is on the property documents. However, if you can substantiate that the property was acquired solely with your funds and there's evidence to support this, it might strengthen your case for sole ownership.
You can reach out to us for further assistance
Declaration suit and divorce suit are two independent legal actions. There is no legal bar to file a declaration suit while divorce proceedings are on.
