(Querist) 23 June 2021
This query is : Resolved
I was employed overseas for nearly 10 years 6 months. In that period an apartment of 3 floors was constructed in the plot registered by my father in my name. I had constructed the house while taking out a loan. For constructing the building I had entrusted my ATM card with my wife & her father oversaw the constriction. Now it is nearing 8 years. In 2019 while on annual vacation which is of 28 days; I had to give in to her threat of committing suicide & registered her settlement deed as 50% of the property for her. I had given the settlement on the terms of the trust she had shown in me during these years.
In 2020 July I had to resign & come back as the surge of the corona was picking up in the area I was working.Now It is nearing 11 months after I came back. I couldn't get employed to date. By god's grace, there was rent from the apartment till now. On March 18, 2021; wife picked up a quarrel stating that I had tried to hit her with a cooker that was boiling on the stove. There is more of myself manhandling my older child. All these are false allegations. Living alone overseas I had a good experience with cookers as I had on multiple occasions faced the danger with the safety valve bursting & facing the pressurized steam. Moreover has accused me & my mother of taking away her gold which was given to her by her father. The gold ornaments were in her custody. My mother doesn't need any gold from my wife as my mother is drawing a very very good amount in pension. All loan was over in 2019 April. From June 2013 till now we are getting rent for the apartments. When I came back in 2020 July my NRI account balance was less than 15000. Now she is suing my mother and myself for taking away her jewelry & also asking for maintenance for kids & herself. What I understood by her character till date is that she lost her control over money once I came back. Only rent was being received & that too majorityu in my account. Remeber I had allowed her to get rent of an appartment in her account. She did get an order from the court preventing me or my mother from contacting the children or going near her place of residence or work. On May 30th we ordered some groceries online & the delivery address was accidentally set to that of the apartment which is the 3rd building from my parent's home. On May 31st night we got info that the goods were delivered at the apartment. On the morning of 1st June, neighbors informed of seeing some women just moving on the 3rd-floor balcony & didn't see clearly who that was. As being the owner of the apartment & as per contract being let out for bachelor accommodation I had to confirm with them who the women were. So as to check the true fact I went over there locked on the door & didn't get a reply. Repeated twice & came down. As I was about to come out of the building I did see my wife's father, his son & his wife. I ignored them as they were not pleased at my presence. As I was nearing my parent's home I got a call from the Police station asking me why I was trying to harm my wife. I informed them about the development. I was asked to report to the police station. I did go over there & sign the document as directed by them. I first refrained from signing as the document was nearly blank. I informed the concerned person & he told me that it is just a confirmation that I had visited & the development. From the court, I was directed to pay alimony as interim relief which I paid up. A policeman called me twice or more about why I was not paying for the school fees of the children & other expenses. I informed him that I can pay only the amount mentioned by the court & a single rupee more or less will malign the judicial order.
The heading suggests that you want to cancel the settlement deed. As you have invested in the building construction you can file a case in civil court for cancellation of the deed.
Further, it is true that you have to comply with the court order. Police cannot force you to pay by threatening you. You have already appointed an advocate so follow his advice.
ashok kumar singh
(Expert) 24 June 2021
agreed with views of earlier experts, therefore no further comments, so far. thanks
(Expert) 24 June 2021
It is impossible to get the settlement deed cancelled except at the discretion of your wife. The only option is settling all the issue through a divorce by mutual consent.
T. Kalaiselvan, Advocate
(Expert) 26 June 2021
You can produce the documentary evidences for having fully funded for the purchase and the construction of the house property and file a suit for declaration of title of entire property to your name besides filing an application to cancel the settlement deed with was obtained from you under coercion and duress with the suicidal threats. The police cannot interfere in the payment of maintenance amount to be paid to your children, she has the remedy only through court and not through police.