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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ha21@rediffmail.com Mumbai : 9820174108

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


Total likes : 1 times

 
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Advocate and Legal Consultant

Well analysed and advised by expert Mr. Hemant Agarwal, I agree and appreciate.

The case is fully covered under the provisions of Benami Transaction Act 2016 instead of declaration of the same as ostensible owner.

 
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Advocate

What do you want - property or the wife?

 
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