House traspass

Querist : Anonymous (Querist) 15 October 2022 This query is : Resolved
I was purchased a house at my money in the name of a woman who was living with me ( live in ).She remarried. On that house I am residing & in my absence my representative residing.

She wants to sell the house & cheat me.

I have already filed a FIR u/s 420 IPC.

Can she file any civil / criminal case to remove from that house ?

Can I file a case before the court to declare the house may be transferred only with due process of law.

She & her new husband came to distrub me. Can I file any case ?

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Quick Summary

This discussion addresses a complex property ownership issue where a house was purchased in a partner's name using the buyer's funds. The original buyer is now facing potential eviction and legal challenges as the woman in whose name the house is registered intends to sell it. The advice highlights the difficulties under the Benami Transaction Act, which generally prohibits claims for properties held 'benami' (in another's name). However, recent legal interpretations, including a Delhi High Court ruling, suggest that if the buyer can prove exclusive funding from known sources and potentially establish a recognised marital or spousal relationship at the time of purchase, they might have grounds for a legal claim to declare ownership.

kavksatyanarayana (Expert) 15 October 2022
As the house is in her name she is the absolute owner of the property. How can you file a case against her?

Dr J C Vashista (Expert) 16 October 2022
Can you prove the property has been purchased by you, exclusive from your personal funds without any contribution of the lady (while residing live-in with you) ? If so, institute a suit for declaration, cancellation of Sale Deed, possession and permanent injunction through a local prudent lawyer.
Otherwise, she is absolute titleholder and well within her right to get possession from you.
Contact and consult a local prudent lawyer for better appreciation of facts / documents, professional advise and necessary proceedings.

Advocate Bhartesh goyal (Expert) 16 October 2022
Since you have purchased the house in name of woman ( living in relationship ) " Benami " and she became absolute owner of property and as per sec 4 of Benami Transaction ( Prohibition ) Act, No suit or claim or action to enforce any right in respect of any property held" benami" against the person in whose name the property is held shall lie by or on behalf of a person claiming to be the real owner of property. So if you file any suit to get declaration in respect of the property, that suit or claim shall not be maintainable and will be barred by provisions of Benami Transaction ( prohibition ) Act 1988.

Sourav Das (Expert) 16 October 2022
Better to forget the house. She is absolute owner of the house.

Dr J C Vashista (Expert) 17 October 2022
Get the subject house declared as "benami" property in terms of Section 4 of the Benami Transaction Act, 1988 by filing a suit in the Civil Court of jurisdiction.
It is better to consult a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

T. Kalaiselvan, Advocate (Expert) 20 October 2022
If you have documentary evidences for funding the purchase of this house proeprty, you can file a suit for declaration to declare that this proeprty belonged to you becasue you funded for purchase. However The Delhi High Court has held that if a person has purchased property in the name of his spouse from his known sources of income, he will be the owner, and not the wife in whose name the title deeds exist. Therefore based on the evidences of your live in relationship with her, you may establish that the relationship at that time is recognised she to be your wife.

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