priya (NA) 16 April 2013

Property issues after partitions

I am NRI got divorced in abroad in march 2012. Me and my x-Husband have togther jointly invested lakh of money on property in India before our divorce. During divroce process we never came india for those property settlement. Now i want my share of money,property invested but that is on his name only.Now he denied to give me my share of money and property.I have all proofs of my transations:Please guide me below :

1. Can i file a case against him stating i have given my money for those property and now i need that money ?

He has not given any alimony to me nor i asked him anything in abroad during divorce,thinking to avoid tensions atleast everyday fights between us.

2. We have together invested on land .The land was booked on my name but due to legal issues the builder has returned back 4 lakh to him in his account.Now he is not willing to give me my 50% share.What shall i do ? i have all documents to prrof that land was booked on my name.

3. My husband had kept fixed deposit money in his account in India.These money we earned together and he had done FDs in this name only. After divorce he didnot give me that 50% share of our money to me.

Please help me how can i get my harded earn money.Will police complaints or legal case will work ?

Please suggest me.

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1 Replies

Tajobsindia (Senior Partner ) 16 April 2013

1. If Divorce was granted overseas without adjudicating property issues of couple then it is not a valid divorce as per Indian Laws.

2. Some four months back same properties were told to us belonged to a lady friend of your (now) ex Husband r/w current divorce taken is not a valid divorce as stated in para 1 we suggest to file for Divorce in India as per Indian laws where all such property and bank deposits issues are settled under Civil Laws. Means all these can be adjudicated to the satisfaction of both persons.

3. Your past facts which are 4 months old r/w current are not matching / consistent hence suggest to opt for Chamber discussion with an Advocate found via reference for better clarity.