property right after divorce

Querist : Anonymous (Querist) 13 September 2010 This query is : Resolved
My husband and I are on the verge of a mutual consent divorce. We have a joint property in Mumbai worth about 1 crore. It is acquired property - not inherited. My lawyer says I cannot ask for a share of it since my name was added just for my husband to save on taxes at that time. He says under Benami transaction Act I have no right over that property. I cant believe this. Will an expert please advise? Thanks.

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s.subramanian (Expert) 13 September 2010
Your lawyer's view is absolutely incorrect. You have half share in the property invariably which cannot be denied to you either by your husband or by the courts in India. It will not fall under the ambit of Benami Transactions Act at all. On the other hand The Doctrine of Advancement recognised in Indian Law and courts will come to your rescue without fail. Hence you need not worry at all.

Querist : Anonymous (Querist) 13 September 2010
Thank you so much Mr Subramaniam. A big worry is off my head.
I have 2 more queries:
1. If I have a flat in Mumbai, is it necessary to file the case for the property in Mumbai? Or can I do it in Bangalore where I now live? My lawyer is telling me it has to be done in Mumbai.
2. Can you recommend a knowledgeable and scrupulous lawyer for me in Bangalore? Thanks once again.

Devajyoti Barman (Expert) 13 September 2010
1. No you have to file it in Mumbai only.
2.Call 0 9831174081 for this purpose.

Chanchal Nag Chowdhury (Expert) 13 September 2010
The Act is not the Benami transaction Act but the Benami transaction(Prohibition)Act.
Unfortunately for U, your lawyer may be right as he has seen all papers as opposed to the comments of the ld. experts who have given their opinions based on only a statement made by U.I feel it is too early to rejoice.

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