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Akshay Singh   24 June 2020

who will be the owner of land after devorce.

Dear Sirs,
I someone purchased a land in the name of wife costing appx 12 lakhs in 2012.
now husband wants devorce due to misbehave of wife with him and his parents.

If devorce is finally done, who will be the owner of that land.

Is there any law which can decide the land equally among both.

kindly advice.


 7 Replies

G.L.N. Prasad (Retired employee.)     24 June 2020

Details are not adequate.  Who is that some one that has purchased land in the name of wife ?.  Before or after marriage.  What are the recitals? The property in the name of female remains her own /self acquired the property and no one can demand a share in that property.

Sourav Das (Advocate Supreme Court of India)     24 June 2020

As the property was purchased in the name if the wife, wife is the owner of the property. Husband will have no claim over it.

P. Venu (Advocate)     24 June 2020

In the normal course, the property would continur to vest with the wife. However, if it a case of divorce by mutual  consent, this aspect could be taken care in the terms of settlement.

SHIRISH PAWAR, 7738990900 (Advocate)     24 June 2020

Hello,

You have to post querry stating full facts. However if the property is in the name of wife then she is entitle for property and you will not have any right over it unless you have incurred for it. If your are going for divorce instead of claiming her property you save your skin because the laws are favourable to wife.

Dr J C Vashista (Lawyer)     24 June 2020

You have stated to have purchased property and got it registered in the name of your wife, whether she is working or disposed any other property or arranged consideration from any other source (other than financed by you) ?

If you have fully paid consideration, it is benami transaction wherein you can claim title of the suit property, alternatively she is liable to refund the amount with interest/ mesne profits.

SACHIN AGARWAL (ADVOCATE)     24 June 2020

If the entire sale consideration has been paid by husband, it is benami transaction and the husband has a right to claim the title of the property or the amount paid with interest. 

Sudhir Kumar (Dy Director)     27 June 2020

Originally posted by : SACHIN AGARWAL
If the entire sale consideration has been paid by husband, it is benami transaction and the husband has a right to claim the title of the property or the amount paid with interest. 

 

Not an issue who paid the p;rice.  The registered owner is wife.


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