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Nit (Learning Law)     20 August 2025

Husband purchased property in the name of wife. now, husband can claim that property?

I purchased property in the my wife's native place with sale deed 17 lacks on the name of my wife. Our of this 17 lacks.. 10 lacks given as a cash to her father at one instance and 5 lacks transferred from my bank account to my wife's father bank account and reaming 2 lacks transferred to my wife's bank account from my account. All these transactions are done just before 10 days to registration. Registration is done in the year of 2023. 

1 year back i.e. 2024, my wife filed 498-A and maintenance case against me and I filed restitution of conjugal rights petition against my wife, all are in progress. 

Now, I came to know my wife and her father trying to sell the property. I want to stop them, So under which section can I file a civil suit against the property? After Civil suit is filed, Is there any way to get injunction order from court? How to claim that property belongs to me?

Note : I have bank account statement proof only for 7 lacks amount... remaining 10 lacks given as hand cash. My wife is not having any income source, she is house wife. 



 11 Replies

T. Kalaiselvan, Advocate (Advocate)     21 August 2025

You may have to file a suit for declaration of title to your name on the basis of the payments made by you towards the sale consideration amount and for possession along with an application for injunction to restrain her from alienating or selling or creating encumbrance over the property in any manner till the disposal of the suit.

You can file this civil suit in the family court itself where the divorce/RCR cases are going on.

1 Like

Nit (Learning Law)     21 August 2025

Thanks for the advise sir.

Sir, can you please tell me under which section can I file a suit declaration of title to my name? 

T. Kalaiselvan, Advocate (Advocate)     22 August 2025

You can file a suit for declaration of title if you fully funded the purchase of property, under the provisions of Section 34 of the Specific Relief Act, 1963. This section allows a person entitled to a right to property to sue for a declaration of that right if another person denies it, without necessarily seeking further relief like possession. This section allows a court to declare the legal character or right of a person to a property. If you funded the purchase, you have a strong claim to the property. If the recorded owner is someone else, or if a dispute arises regarding your entitlement, you can use Section 34 to seek a formal declaration from the court that you have the legal right or title to the property. n many cases under Section 34, you do not need to ask for or obtain any further relief, such as possession or an injunction, to establish your right. 

1 Like

Dr. J C Vashista (Advocate )     22 August 2025

Very well explained, opined and advised by learned senior expert Mr. T Kalaiselvan, I endorse and appreciate his acumen.

However, it would be appropriate to seek professional services of a local prudent lawyer for proper appreciation of facts / documents and proceed as required legally.

1 Like

Nit (Learning Law)     22 August 2025

Thank you so much for your valuable advise Mr. T. Kalaiselvan sir.. You are helped me a lot. 

T. Kalaiselvan, Advocate (Advocate)     22 August 2025

You are welcome for your appreciations.

1 Like

Nit (Learning Law)     08 September 2025

Hi Kalaiselvan Sir, 

I and my advocate prepared suit for declaration of title and we are about to file in the court. But, we came to know a shocking news. One of our relative told that, My wife and father in law already barrowed amount of 10 lack rupees by showing property documents. Now, they were failed to clear the debt and the person who given debt filed an recovery money suit and court granted temporary injunction on the property and that has been prohibited. I cross verified and information is correct. And also that respective promissory note is on my wife's name and property is also in her name. 

Now, I'm in a confusion it is good to file a suit for declaration at this time or not? Suppose, if I filed and court given order in favour of me then I have to pay the debit? OR I have to wait for that particular money recovery suit to dispose?

Can you please provide your valuable suggestion sir? 

T. Kalaiselvan, Advocate (Advocate)     10 September 2025

If you have decided to retrieve the property on the basis of the documentary evidences in your possession for funding towards the purchase of the property, then in the current situation you have two options:

1.File a petition in the ongoing suit under the provisions of order 1 Rule 10 CPC  to get yourself impleaded as necessary party to the suit on the basis of the documenarty evidences in your posesison and once impleaded you can file a counter claim for declaration of title to the property in the  same suit and request the court to shift the debt claim on your spouse's any other property in the same counter claim, however it may be objected by the plaintiff stating that you are hand in gloves with your wife and in order to protect her that you are filing this claim from your side.  In that case you can just get impleaded yourself in that suit and file a petition for temporary injunction to restrain the plaintiff to proceed with the process of ABJ against the property till the disposal of the main suit and you can cite that you have already filed a suit for declaration of title in so and so suit in respect of the same property.

2. The second option is  to file the orignally proposed suit for declaration and once it is numbered, on the basis of getting impleaded as necessary party in the other suit, you can file a petition before the district court to pass orders for joint trial of both the cases.

You can discuss the strategy with your advocate at length and decide further course of action with any other idea also besides the above suggested ones 

1 Like

Nit (Learning Law)     12 September 2025

Thanks you so much for your valuable suggestions sir.. 

T. Kalaiselvan, Advocate (Advocate)     13 September 2025

You are welcome for your appreciations and understanding.

Manu Singal   16 September 2025

You can file a civil suit for recovery of the amount you advanced through your bank account to your wife and father in law's bank account and also seek relief for declaration creating charge over the property of your wife and father in law to the extent of advanced amount. This way you can ask for injunction from the court in regard to not only your wife's property but also your father in law's property. I hope this helps.


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