Claim my property back from wife
Suresh Prasad
(Querist) 22 September 2018
This query is : Resolved
Dear esteemed members,
My wife duped me into buying a property on joint name, since marriage, she kept asking for a bigger house and had been withholding sex for the demand, she even would not stay with me. Few months back, to make her feel secure, I brought a new house on joint name, where she promised to pay the EMIs however barely less than a month after the registry, she ran away from the house with all the jewelery and cash and has been falsely accusing and blaming me for non sense things.
I paid entirely for the property and the EMIs are being paid by me.
I love her a lot and had kept on fulfilling all her wishes since we married, however she was never satisfied.
The way, she and her parents are behaving right now, it seems that she's soon going to file false cases on me. I am in severe depression and am not in a state to work since many months, now I can't even afford to pay the EMIs, every conversation with my in laws, on selling the property, has failed.
What legal rights do I have to claim my property back.
Regards
Guest
(Expert) 22 September 2018
You will have to forget about that part of the property, as your right has already faded behind a lot of love for your wife. Now, it falls withing the scope of her own right, whether to transfer or not the property back in your name. For that purpose, you may perhaps need to shower more of your love on her to convince her to get ready for transfer of her right in the property in your name.
Vijay Raj Mahajan
(Expert) 22 September 2018
Making mistakes themselves first and consulting lawyers later and that too free of cost, this is habit of most Indians.
In foreign countries the person will first consultant a lawyer before even buying a car or insurance or house etc.and that too after paying the consultancy fee and here in India as if lawyers and their services have been provided to all as free of cost by Indian government.
You all people asking free of cost legal advice from experts should be ashamed of yourselves. This free forum is for poor and needy people only who cannot afford paid legal consultancy.
You can throw money buying jointly with your wife who kicked you out of your life and ran away and now claiming her share in the property.
Very good, now pay her the half the value of that property if you have to settle anything with her nothing less than that will be agreeable to her.
Sudhir Kumar, Advocate
(Expert) 22 September 2018
You will certainly get the half of property provided you keep paying EMI.
Raj Kumar Makkad
(Expert) 22 September 2018
I appreciate the advice though bitter, given by Shri Mahajan ji. You have now no other way to persuade your wife to settle all issues for ever or to lose with the share of your wife in the property. If you are unable to deposit EMIs then yur account shall become NPA and in that event, the bank shall have no other option to take it over and make its public auction.
Dr J C Vashista
(Expert) 23 September 2018
I endorse the expert advise of Mr. PS Dhingra, Mr. Vijay Raj Mahajan and Mr. Raj Kumar Makkad. I would like to add, leaving aside and forgetting your physical relation, love and affection.
First of all stop payment of EMI and inform your beloved that she has to pay rest of the loan amount to avoid making the loan NPA and auction.
Meanwhile search for buyer of the property and sell it out at throw away price, if possible.
File a suit for recovery of the amount against your better-half.
Consult and engage a local prudent lawyer for further guidance and proceeding.
