• Loan taken from father-in-law for site purchase in the name of wife

Sir,

I purchase site in the name of wife and took 5 lkh from father inlaw as loan, now she separated and put complaint like dowry. What to do?
Asked 9 months ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) your defence should be that land was purchased in name of wife and father in law had transferred funds of Rs 5 lakhs as gift for purchase of said land 

2) no dowry demands were made by you 

3) n case of dowry harassment is made out 
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
Taking loan from wife or her parents for the purpose of purchasing a house is not dowry. Contest the case on merits after obtaining bail.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
this is not dowry, fight the case on merit.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Hi, 
You have purchased the site  in your wife's name. The property any which way belongs to your wife only.  So it will not be a dowry case at all. Father giving money to purchase property in his daughter name does not constitute dowry. Even if father in law given you money as a loan and with that money you had purchased property in your wife's name , you are not even required to repay the loan. You are just a postman between father and daughter. 
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
1. Has the incidence of your taking the said Rs.5 Lakhs from your father in law and buying the site in the name of your wife taken place at the same time?

2. If yes, then you can take the plea that the said rs.5 lakhs you had taken from your FIL is not on account of dowry but loan for buying the site in the name of his daughter,

3. In the above case, you shall have to return the said rs.5 Lakhs to your FIL,

4. While advancing the above argument, make sure that your wife or father in law does not have any irrefutable evidence about your demanding Rs.5 lakhs or any amount towards dowry. 
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0
If you can prove that the property was proposed to be registered on your name and just to keep the property safety, you have registered the same on your wife's name, then you can recovery the property.  But the chances are very bleak.  You need a Senior lawyer to deal your case.  I have good acquaintance with with several Senior Lawyers in Hyderabad.  First we will take opinion and then move forward. If interested contact me through Kaanoon.com. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
I purchase site in the name of wife and took 5 lkh from father inlaw as loan, now she separated and put complaint like dowry. What to do?

The amount taken on loan from father ion law shall not fall under dowry demand. 
If you have proof that you have taken it on loan  then you can easily challenge his allegations.
Moreover the property has been purchased in her name only hence it cannot be said as dowry demand. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Any one can suggest for this situation.

The property being purchased on her name, the property belongs to her whether she remains with you as your wife or becoming a divorcee after divorce. 
Therefore there is  nothing to be concerned about it. 
The registration of sale deed on her name will shield you even if she files a false dowry demand harassment case to avenge you over the matrimonial disputes.  
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
I already told you that your case is very complicated and asked you to contact me.  I will try my best to bring you out of the problem.  Do not pay them even a single pie now onwards.  Do not worry.  You can contact me through phone consultation of Kaanoon.com. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
1) no need to pay Rs 5 lakhs as land has been purchased in wife name only 

2) although Rs 5 lakhs was transferred to your account you had given the said funds to his daughter ie your wife for purchase of land in her name 

3) Rs 3 lakhs was further transferred by you to FIL 

4) amicable settlement is best option . if wife is wiling to give you divorce by mutual consent settle the issue 
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
If they have filed domestic violence case agaisnt you, it becomes your duty to dfend yourself based on the evidences supporting your claim and merits on your side. 
You can refuse or deny their allegation and you can bring the bank transfer details to support your claim.  If they ask for 5 Lakhs, let them prove your liability to that extent and also let them deny the bank transfer, they will  find a tough time to prove their allegation especially they cannot deny the bank transfer which has been proved with evidences, so you have to plan the strategy accordingly. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Do not bow to their demands. Contest the case on merits.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. You deal with the domestic violence complaint fittingly refuting her complaint and submitting evidence of her violent behavior, if any,

2. After that refund the balance amount of Rs. 2 lakhs to him,

3. Alternatively you can take the stand that your father in law had remitted Rs.5 lakhs to your account for your arranging to purchase a site in the name of his daughter being your wife what you have done,

4. You shall have to address two issues now i.e. allegation of  DV and taking dowry without mixing the two.  
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0
AB takes time to be decided as the state too has to be heard. Unless the AB is actually decided one way or other the only advise that a lawyer can give to his client is to remain away from the sight of police and be patient. So any lawyer will say what your lawyer has said. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) you have already filed application for anticipatory bail 

2) wait for court orders to be passed on you AB application 

3) since you AB is pending police will wait for orders to be passed on your AB application 
Ajay Sethi
Advocate, Mumbai
23363 Answers
1222 Consultations
5.0 on 5.0
Since the issue is at anticipatory bail stage, you have to follow up through your advocate and follow his advises till you get AB.  
Dont do anything for the present without your lawyer's knowledge  because it may jeopardize the efforts he is taking to get you people enlarged on bail. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
1. It appears that you and your wife did not gel together in your marriage,

2. Practically there is no use in filing RCR petition, 

3. You are required to file a divorce suit on the ground of cruelty since filing false complaint/FIR is also considered as cruelty by Indian Courts,

4. Immediately arrange for anticipatory bail and then contest the said case fittingly.
Krishna Kishore Ganguly
Advocate, Kolkata
12134 Answers
233 Consultations
5.0 on 5.0

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