Declaration of ownership under specific relief act.
arun
(Querist) 24 October 2011
This query is : Resolved
i purchased a flat in my wife's name. all moeys paid by me by cheque/cash and i have loan from bank for flat and i am paying bank instalments. due to some family disputes wife claims full ownership for her and asks me to oust from flat. what is legal remedy for me to show that actual ownership is with me. this flat i purchased for my family including wife. pls advise
Sankaranarayanan
(Expert) 24 October 2011
the title is on her name . so as per law she is owner of the property, even you paid the money by you.
Devajyoti Barman
(Expert) 24 October 2011
But you can get relief under Benami Transaction Act as it gives exceptions to certain relationships including wife whereby you may ask the court to declare the actual owner of a property though purchased in benam of his wife.
prabhakar singh
(Expert) 24 October 2011
On facts state by you it is a case of BENAMI transaction by you in honorarium of your wife
which you can establish by a suit of declaration and injunction against her,the prima faci evidence stated by is sufficient to get interim relief in your favor and you have chances of success finally also.
