BORN TO FIGHT (PROPERITOR) 13 June 2013

Partition suit

I AM HAVING 2 JOINT PROPERTY WITH MY WIFE NOW MY WIFE HAS FILED DOWRY CASE ON ME AND MY FAMILY. I HAVE FILED BENAMI TRANSACTION ACT CASE AGAINST HER FOR DCLARATION OF SOLE OWNER SHIP. BECAUSE I HAVE PAID FULL CONSIDERATION FOR BOTH PROPERTIES AND FOR CONSTRUCTION. NOW MY WIFE HAS FILED SUIT FOR PARTITION OF BOTH JOINT PROPERTIES BY SAYING THAT SHE HAS PAID CONSIDERATION FOR HER SHARE WITH THE HELP OF HER FATHER. BUT HER FATHER IS HIM SELF NOT HAVING HIS OWN RESIDENCE HE IS LIVING ON RENT HE IS WORKING AS SECURITY GAURD. NOW MY QUESTION IS THAT:

1. IS MY WIFE PARTITION SUIT IS MAINTANABLE IN ABOVE CONDITIONS?

2. IS COURT ACCEPT HER FALSE STATEMENT THAT HER FATHER PAID THAT CONSIDERATION IN CASH.

3. I AM HAVING PROOF OF PAYMENT FROM BANK. IS COURT RELY ON THAT.

4. WHAT THING COURT WILL TAKE IN CONSIDERATION BEFOR DECIDING PARTITION SUIT.

5. WHAT THINGS COURT WILL TAKE IN CONSIDERATION BEFOR DECIDING BENAMI TRANSACTION ACT CASE.

6. WILL COUR RELY ON THAT ONE PERSON WHO IS NOT HAVING HIS OWN RESIDENCE ALSO HE HAS PAID TO HIS DAUGHTER FOR BUYING 2 PROPERTIES. IN THE CONDITION THAT HE IS WORKING AS A SECURITY GAURD AND HAVING 4 UNMARRIED DAUGHTER FOR MARRIGE AND ALL HAS ATTAIND AGE FOR MARRIGE.

PLEASE REPLY POINT WISE IT WILL BE GREAT HELP FULL FOR ME.

THANKS

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1 Replies

prakharved (Medical officer) 26 June 2013

@borntofight

Are the properties registered? Are they registered in the name of both you and your wife. If it is so, then legally your wife also holds ownership of the properties. It does not matter who bought the property, the person in whose name the registration has been made control the property.

I would suggest you to seek the opinion of an experienced property lawyer for your specific case. I suggest that you visit www.lawkonect.com for a detailed replt to your Query. All you have to do is post your query and the lawyers would provide a detailed reply to your query. This detailed assessment of your situation would also bring before you the options that you have in your hands. You can even get a telephonic consultation with a lawyer at a time of your convenience. Visit www.lawkonect.com for more information.

Regards.