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Can I claim flat back from mother in law?

Querist : Anonymous (Querist) 06 February 2011 This query is : Resolved 
I bought 2 flats in a co-operative society in 2005. Since the co-operative society did not allow 2 flats to be in same persons name, I put one flat in my mother-in-law's name and the other in my name. The payment for the flat was made through my bank account. I had a domestic violence dispute with my husband in 2010 and now my mother-in-law and husband are not giving me back my flat. She is claiming that the flat belongs to her. My husband gave me some money in 2007 ( I had already made the payment for flat in 2005 ) and they are claiming that money was given to me in 2007 for the flat payment I had made in 2005, this is a complete lie. Do I stand a chance in court to claim back the property since the payment came from my bank account and there is no written agreement which proves that money they gave me in 2007 was for the flat payment?
PALNITKAR V.V. (Expert) 06 February 2011
already replied in your question relating to stridhan
Devajyoti Barman (Expert) 06 February 2011
Yes if they prove then you have to make the payments back. Alternatively if you could prove that the said flat actually belongs to you then you could do something to lay claim which though in the context of Benami Transactons Act does not seem to be very likely.
Querist : Anonymous (Querist) 06 February 2011
What If we say the flat was demanded as dowry and we made payments as we have proof of payments?
Uma parameswaran (Expert) 06 February 2011
If you have the proof then you can proceed with the above ground.


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