• Husband asking back property he bought under wife's name

Sir , my husband is asking back property he buyed under my name 3 years back ,
we are not yet DIVORCED . we are husband -wife since last 18 years .
but due his illegal affairs with other lady, we are not living toegther .
i have proof of his illegal relationships .BUT now he wants back my property which he buyed for my 3 years back . THE SALE DEED is under my name . During the time of  trnasfer of property he has transfered to my accounts .AND now he is showing that cheques number and details to get back my property .
PLEASE GUIDE ME WHAT I SHOULD DO ?
Asked 1 month ago in Civil Law from Jaipur, Rajasthan
1) refuse to execute gift deed in your husband name 

2) if husband is having extra marital affairs file complaint under section 498A for continupiys acts of cruelty 

3) file DV case and seek maintenance from husband , protection order from husband and compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
5.0 on 5.0
1. Legally speaking you are the owner of the property.
2. Being the Absolute Owner of the property it is your prerogative to do anything with regard to this self-acquired property.
3. Your husband has to prove beyond reasonable doubt that the money you spent to buy this property was indeed given by him.
4. Better do not sign any documents in respect of this property.
Shashidhar S. Sastry
Advocate, Bangalore
1238 Answers
59 Consultations
5.0 on 5.0
No need to worry, he can not get any share from your property, now you are the absolute owner  and nobody can restrain you.

Property can not be transferred without your wish.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
4.9 on 5.0
Whether he funded for the purchase of property in part or even in full, this property was bought on your name hence it becomes your own and absolute property.

You can refuse to give it back to him, let him approach court with any evidence in hi possession.

This becomes the property ow married women  hence you only have full right in the property.

His suit for recovery will not be maintainable. 

You can file a bare injunction suit to restrain him from interfering into your posssession and enjoyment of this property. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
Once the sale deed is registered in favour of an individual the title passes instantaneously to him irrespective of who may have actually paid the sale consideration. So your husband cannot divest you of your title except if you execute a gift deed in his favour. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
In India, a registered document (including a will) can be challenged by any person whose rights, title or interest in the subject matter of the document is affected by the document which is under challenge.Therefore the general rule on who can challenge a document is that, those persons whose rights, title or interest are directly affected by the document can challenge the document. However the CPC provides an exceptions where even though a person is not directly affected, he can challenge the suit. As per Section 91 of the CPC, in cases where the impugned document would result in public nuisance or other wrongful act which would affect the public, a suit for declaration and injunction or other relief can be instituted with the leave of the court by at least two or more person. In this case, it is not required that these two or more persons have themselves suffered any special damage as a consequence of the document.
Registration of a deed merely requires the person executing the deed (executant) or any person claiming under it (claimant) or his legal representative to present the document at the proper Registration Office

At present the title is in your name so you are the absolute owner of the property. You can alienate the property as per your wish. 
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
You should contest the suit proceedings 

2) property was bought in your name out of natural love and affection for your benefit 

3) file counter complaints as advised earlier 
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
5.0 on 5.0
Hi 
Any property in the name/possession  of a woman is her absolute property under section 14 of Hindu succession act.

It is irrelevant whether the husband or parents have contributed monies for purchase of property. 

Your husband has no rights whatsoever on the property, the minute the title deed is registered in your name.

You should ask the court for 
a) injunction restraining your husband from interfering with the peaceful possession of property.
b) Issue orders directing the tenant to pay the monthly rentals to your bank account
c) issue orders directing the Sub-registrar not to under take any transactions on your property.

In the mean time till the suit is pending, also file a Domestic violence case against your husband in the nearest police station and seek 
1)  Protection orders under Section 18 
2) Residence orders under section 19 of and 
3) Monetary reliefs for damages and stress and under section 20 of The Protection of Women from Domestic Violence Act, 2005

Filing of the above complaints is easy and you do not need a lawyer to file any of these two complaints.
Hope this information is useful.
Hope this information is useful.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
1. Just because a person possess some body else's original documents it does not mean that the possessor is the legal owner of the property.
2.   You should take the stand that the money transferred to your account from your husband's account is for a different purpose.
3.  You can get certified copy of ' Sale Deed' from the jurisdictional Sub Registrar's Office which is as good as original.
4.  You can also lodge a Police Complaint for theft/ misplacement of the original Sale Deed document.
5.   Deny totally the charges framed against you and stick to your statement of ownership of the property.
Shashidhar S. Sastry
Advocate, Bangalore
1238 Answers
59 Consultations
5.0 on 5.0
1. You could have adopted a more proactive approach. If you apprehended that he may apply for stay against your property then you should have filed caveat in the competent court(s).

2. Now that the court has ordered stay you are free to challenge it in the higher court.

3. Consult a lawyer with a copy of the court order. This is what you should do now.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. It appears that your husband has filed a declaratory suit praying for a declaration that the property actually belongs to him since he has made the entire payment and you had no earnings of your own.

2. You have not mentioned as to what argument did you forward when the application for injunction was heard by the Court.

3. However, you should counter his said claim fittingly counter claiming that your father had given you Jewelries and cash which you had given to your husband for selling or arranging the payment required for buying the said flat which your husband has done and accordingly he had transferred the amount to our account to buy the said flat in your name.
4. Simultaneously, file a petition praying for vacating the stay order.

Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. Contest the case fittingly as advised in my earlier post.

2. It will be difficult for him to prove that the fund was not arranged by him by selling/mortgaging your jewelries.

3. Engage a local lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
You have to deny his allegations and state that he has stolen the title documents hence you have obtained another set of certified copies of the original title documents.
You have to vacate his temp injunction order
Do not entertain the monthly payment of rent to him. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0