Regarding wife
sanjeev kumar
(Querist) 26 March 2012
This query is : Resolved
Respected sir,
I got married in 2002 and i got a son in 2003 that time i was at delhi there i done private job mean while i purchase two land plot by wife name at bihar, i was still living at delhi alone,
in 2011 i came back from delhi and living with family at bihar,after eight months my wife missed or u can say she gone with someone she carried cash and ornaments with her i lodge FIR but there is no any clue till now, now i want to sale that land bcs now i am suffring from financial crashis, bcs i have to look after my son she left her son with me. please suggest me what can i do and how
adv. rajeev ( rajoo )
(Expert) 26 March 2012
you cannot sell the property which is in your wife's name. You can do one thing file a suit for declaration and injunction against your wife that you purchased the property in your wife's name who had no independent income. Get the decree and sell the property
Ghanshyam Prasad
(Expert) 26 March 2012
you can sell claiming property as benami purchase.
Raj Kumar Makkad
(Expert) 26 March 2012
You have no legal right to sell the property which stands in the name of your wife. Obtain declaration as suggested.
V R SHROFF
(Expert) 26 March 2012
As Landed property is purchased on your wife's name, you cannot deal with it. You have to prove it was benami, purchased by your self earned money only. And your wife had no income at all, nor did she receive any money as gift from others.
If court declare so, and allow you to sell, then only you can sell it.
You may not have a WILL, or POA:
Otherwise POA was sufficient .
N.K.Assumi
(Expert) 26 March 2012
Is Benami transactions prohibited or not by Law?
Deepak Nair
(Expert) 26 March 2012
You have to get declaration as advised above by the learned experts. Otherwise you cannot sell the property.
Deepak Nair
(Expert) 26 March 2012
Dear Assumi, benami transtractions are not prohibited india. It is legal.
Y V Vishweshwar Rao
(Expert) 26 March 2012
Benami Transactions to some extent -(in the name of Wife/son/daughter/GS/GD and in Fiduciary Capacity) are not prohibited .
Shonee Kapoor
(Expert) 26 March 2012
Rightly said, benami transaction in some relations are not prohibited, but it is still an uphill task to get the same done.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
