Arshi 13 April 2021

Family law query

Respected member,

The petitioner's wife is having an affair and because the house was under her name for which money is actually provided by the petitioner. He, for love had put the house under her name, but now she has kicked him out of the house and isn't allowing the petitioner to even meet the children.

What is the legal remedy available for the petitioner? How can the petitioner get justice?

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Quick Summary

A petitioner's wife, who is having an affair, has expelled him from the house which was purchased with his funds but registered in her name. She is also preventing him from seeing their children. Legal advice suggests that if the petitioner can prove he funded the property, he may be considered the 'Ostensible Owner' under the Transfer of Property Act. This would require filing a civil suit for declaration and transfer of the property back to his name, with assistance from a property lawyer. An alternative perspective suggests the Benami Transaction Act 2016 might be applicable.

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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 13 April 2021

1. IF you can prove with documentary evidence, THAT you purchased the property in name of Wife, with your own Self-Acquired Funds, that you will be classified as "Ostensible Owner" under the parameters of Section 41 of "Transfer of Property Act" and you derive absolute authority to Use /Sell /Gift /Donate /Transfer /Mortgage /whatever ....

2. However in order to legally activate your right for above purposes, you will need to file a local Civil Court proceedings (Declaration Suit), citing the above and transfer of property in your name, by following due procedures of law. A local Property Lawyer will be able to help you achieve this.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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