Suit of declaration will file. Since possession is with you, no need to pray for possession but her ejection.
I purchased a house on my wife name and I paid all the money. How can I get it back?
I purchased a house for my wife name and sale deed is on her name ..but all the money I paid from my savings and I transferred to her account and then next day we paid to the builder .. Now we are on verge of divorce as i caught her cheating on me ...So she is telling me that she will sell the house or throw away me from the house Few points to be noted She is housewife and did not paid a single inr as all funds were transferred from my account Original paper of property is with me Possession of house I have. In notary she has sign and thumb mark on which we mention that all funds are mine .. Can I file a civil suit of declaration as here in my area lawyers are telling me to do that asap
Asked 2 years ago in Property Law
Religion: Hindu
7 Answers
The property purchased in benam of of close relative like parents, wife, children etc can bot be reversed and returned to the original purchaser without the consent of the beneficiary.
- Since, she is a housewife , it means that she was not having any fund to purchase that property in her name.
- Further, as you have proofs of fund transferred in her account to pay the builder for the purchase of that house , then you can be declared as the owner of the property which is registered in her name.
- You can file a suit for declaration and Permanent Injunction before the court for declaring the owner of the property and restrained her from selling the property on the ground of payment proofs.
File declaratory suit that you are absolute owner of house as full payment made by you
2) enclose bank statement that show transfer of funds from your account
3) seek injunction restraining sale of house by your wife
You can file a suit to declare the title and interests in the property on you by producing the documentary evidences for having funded for the purchase of the property.
You can also seek an order of permanent injunction restraining her from alienating or encumbering the property in any manner till the disposal of the main suit
You need to immediately file a suit and seek an injunction from court for not selling the same from her side
Dear Client,
In order to have the properties he had registered in his wife's name out of affection acknowledged as his own, the husband must file a declaratory petition in civil court, requesting a certification that he has paid full consideration for all of the properties.
Hope this answer proves beneficial to you.
