my cousin brother is an NRI in DUBAI from the past 27 years.he bought a plot in a co-op society with his own EARNINGS/ money, from his brother-in-law but registered it on his wife's name in the year 1992. since 2002 she is staying with her daughters who are studying & staying alone in USA. recently we came to know that she has sold the plot without the consent of her husband. at the time of purchase she was on a dependent visa and a housewife.our enquiries revealed that a builder has purchased and entered into a registered agreement of sale and as of now there is no sale deed is registered. will the husband get back his property by going to a court or is it that the property since registered in her name she gains a right to sell. please suggest a way out to claim the lost property by the person who paid for the transaction and has got written and documentary evidence to prove the transaction/purchase. is there any option or way to recover his property sold clandestinely by legal procedure or not. moreover she has emptied the locker which was in joint names and taken away all the jewelry, procious stones and other valuables along with the documents of the plot.
adv. rajeev ( rajoo )
(Expert) 02 October 2009
Dear Yateendra, Immediately you cousin will have to file a suit for declaration and injunction, and you to take interrium order from the court u/o 39 r1 against the wife of your cousin as not to alienate the suit propery till the disposal of the case. Your cousin has purchased the house property in his wife's name. Burden lies on your cousin that from his earning suit property i.e., house property was purchased and it is to be proved he only contributed for the purchase of the suit property and at the time of purchase his wife was dependant and house wife, she had no independent income. To get interrium TI order your brother has to prove balance of convinience lies with him. Your cousine might have maintained the documents for sending the amount to his wife to purchased the house property. For the safety pupose before filing the suit you can issue public notice in the leading news paper of your city as the house property belongs to me, as such do not make any agreement to purchase or purchase the house property No: from Smt..., inspite of it any body purchases the house property No: he will be put to loss and such sale is not binding on Sri..
The Noitce format you will get thru., your lawyer.
(Expert) 02 October 2009
As you said if sale deed is not registered so far, your cousin should file a suit for declaration and take interrium order from the court against his wife as not to alienate the suit propery till the disposal of the case.