Property related
Querist :
Anonymous
(Querist) 23 November 2011
This query is : Resolved
Dear All Experts,
Please give me the advise for below mentioned Problem.
Husband purchased home on her wife's name for save 2 % registration fees. But now her wife always quarrel with him. And got to in "Narimitra" Then they resolved their problem in " Narimitra". But after some time her wife continues quarrel with him & says i dissmissed from my house, becoz this house is on my name.Then after the husband irritate & want to transfer the home on own name. But her wife did not ready for it.Husband sale his old home & all the home income deposit in her own bank account. After then for purchasing new home he transfer the home income in their combine bank account then after purchased new home.
Please suggest what he will do about this matter, & how can he claim for this, & which evidence help for this claim & which act is related for this.
M.Sheik Mohammed Ali
(Expert) 23 November 2011
it is difficult to solve, any way if possible to get any mutual understanding thereafter changed every thing.
Querist :
Anonymous
(Querist) 23 November 2011
But She is not ready to transfer her home on his husband name. & Always threaten him i will be the claim on his father & his sister for "Dahej"
Please how can i prove it.
Querist :
Anonymous
(Querist) 23 November 2011
How can the husband defence him & his father & his sister.
Querist :
Anonymous
(Querist) 23 November 2011
In narimitra they settled that the husband give Rs. 10000/- Every month to his wife for Home expences.& He always perform his duty very well.
Querist :
Anonymous
(Querist) 23 November 2011
Which type of mutual understanding require for this case please sir give me answer please.
ajay sethi
(Expert) 23 November 2011
you should always purchase property in joint names. the mistake you made was purchasing property in her name exclusively .
you cna claim the property as you are real owner wife is only benamidar
ajay sethi
(Expert) 23 November 2011
Man can claim house bought in wife's name: HC
Mayura Janwalkar / DNATuesday, October 20, 2009 1:52 IST Email
Mumbai: More than 20 years after a Ratnagiri couple got divorced, the Bombay high court has given the man the right to claim the property he had bought for his former wife in happier times.
"The husband had purchased the property in the name of his wife with his own money and, therefore, she was only [the] benamidar, or the ostensible owner, while the husband is the real owner," justice JH Bhatia observed in his order last week. Since the husband bought the house in 1981, the transaction was not barred by the Benami Transactions (Prohibition) Act, which came into existence in 1988.
Family court advocate Kranti Sathe said the ruling would affect many couples who buy property jointly. "The court has tried to strike a balance -- the wife is entitled to maintenance after divorce, but even the husband has not been denied the property that he purchased with his hard-earned money," Sathe said.
This means if a spouse cannot prove to have bought the property with his or her own money, he or she may lose the right to claim it, Sathe said.
In this case, Jayant and Sonali (names changed) were married in 1979. In January 1981, Jayant said he bought the property worth Rs5,000 in Ratnagiri in Sonali's name out of "love and affection". He said he had paid for it after securing a bank loan of Rs1,500 and using savings from his salary, which was Rs350 per month at the time.
In 1984, after their relationship soured, Sonali moved out of Jayant's home and started living separately with her parents in Kolhapur. In 1993, the trial court held that Jayant had paid for the property and it was not bought for the benefit of his wife.
Sonali challenged the decision before the high court, claiming she had paid for the property from the money her "rich" father had given her and the scholarship she earned as a student of biochemistry.
Justice Bhatia, however, observed that there is "no material to show" that Sonali had received "any funds, either from her father or any scholarship", to purchase the property.
The court said it was "logical and reasonable" for Jayant to buy the property in Sonali's name when they were married and living cordially. But after their separation, when Jayant's first claim was allowed by the court in 1989, Sonali made no attempt to claim the property.
The court dismissed Sonali's appeal and permitted Jayant to claim the property that was rightfully his.
Neelofar Akhtar, member of the family court bar association, said the ruling assumes importance as there are not enough provisions in law to deal with property disputes arising out of divorces.
"The woman has the right to alimony after divorce but if she claims property also, what remains with the man?" said Akhtar.
Family court lawyer Kranti Sathe said sometimes men may buy property in the wife's name for tax benefits and sometimes women may end marriages too soon to get a "back-door claim" to the man's property.
Sathe said the length of marriage is also crucial while deciding such cases.
But divorce cases are very delicate and tricky as they differ from couple to couple and it is difficult to apply anything as a blanket rule, Sathe added.
Advocate M.Bhadra
(Expert) 23 November 2011
Being the Prohibition of Benami Transaction Act 1988, it is not possible to return back of the said property,though it was purchase from the income of the husband. Try to settle the matter amicably with wife.
