property matters.

Querist : Anonymous (Querist) 07 December 2009 This query is : Resolved
A suit property was purchased by me in the name of my wife and a sale deed made. in the sale deed it is clearly mentioned that the purchaser is a house wife, with no source of income.
taking advantage of the situation, a purchaser paid the market value and made an agreement of sale/irrevocable gpa (with possession) and claims to be the owner.This document has been registered with the subregistrar paying 1 stamp duty. Is the sale valid and can the purchaser say he is the owner
After selling this property the wife took a divorce from USA though the marriage was solemnized in India. Is the divorce valid and what implications will it have over the property.Kindly reply with citations.

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Raj Kumar Makkad (Expert) 07 December 2009
who purchaser paid the market value to whom with GPA & Agreement of sale?

I think your wife had agreed to sale and has also given GPA and possession in favour of some other person without your knowledge.

Mr.! If the property is in the name of your wife then she is legally entitled to dispose off in the manner she likes and the given situation is the result of her right. You cannot intervene.

So far as divorce is concerned, it is illegal and you are still husband of that wife as per Indian law but this fact still cannot help in the aforesaid property matter.

N RAMESH. (Expert) 07 December 2009
First you have establish your right to the property by filing a civil suit against your wife for declaration to declare that you are the owner of the property and that the property was purchased benami in the name of your wife. You have prove that purchase money was provided by you and your wife did not contribute anything.

Your wife has entered into agreement for sale and for all legal purpose it is not sale.

So far as divorce is concerned, I agree with Expert Makkadji. Suppose, there is valid divorce, it will not affect your right to sue against your wife as stated above.

Raj Kumar Makkad (Expert) 07 December 2009
Ramesh! Benami transactions cannot be made in India now after the implementation of benami Transactions Abolition Act so suit can be filed against the wife by her husband as advised by you.

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