Decree
Preeti Bhateja
(Querist) 25 June 2012
This query is : Resolved
Dear Sir, I am in big trouble, we bought a house in faridabad and get it registered with the name of my mother in law and she made a decree with the name of my husband, but now as she always fight with us and want that we leave the house. on 22 june her daughter came from punjab and took my husband to court to surrender that decree again with the name if my mother in law. He was clueless what happenned suddenly, he was not aware about what is going on, what can we do now. We want back this house and we have spent lots of money on its construction.
M.Sheik Mohammed Ali
(Expert) 25 June 2012
file a suit that declaration of the title of the property.
Adv.R.P.Chugh
(Expert) 25 June 2012
What do you mean by "mother in law made the decree in favour of your husband" ???? Clear this.
Since you have contributed the funds - you can always claim that she was only a name lender and property was brought in her name for the benefit of the family, and she being in a fiduciary relationship to you was supposed to protect and preserve the property for you beneficiaries instead of jeopardizing your interest and threatening to oust you from the property. You can file a declaration this falls within one of the exceptions to S.4 Benami Prohibition Act, 1988
Preeti Bhateja
(Querist) 25 June 2012
please tell me the procedure, my sister in law and mother in law took all the papers from us but we have the photo copy of decree, if you want i can send you for your study.
M/s. Y-not legal services
(Expert) 25 June 2012
your query is little confusing madam.. just clear it..
and original documents not an issue madam. you can collect all documents through certified copy.
whether have you consulted any advocate or not?
-y.not legal services-
Raj Kumar Makkad
(Expert) 25 June 2012
Your case is not so simple. First of all your husband purchased that property out of his own funds and got it registered in the n
Raj Kumar Makkad
(Expert) 25 June 2012
Your case is not so simple. First of all your husband purchased that property out of his own funds and got it registered in the n
Raj Kumar Makkad
(Expert) 25 June 2012
Your husband got tegistered the property in the name of his mother which in turn shown a family settlement and your husband got a decree from his mother and became absolute owner of the property but thereafter his mother got a declaration from him from the court to the effect that the decree is null and void and thus decree has been set aside thus property came back to his mother and she thus has become absolute owner of the property.
In the light of given facts, there remains no scope for your husband to raise his voice. Changing stand again and again opposite to the earlier shall not be permitted by the court in any way.
