Malaika News 27 June 2023

Property purchased in wife's name

SIR, MY BROTHER HAD REGISTERED 3 PROPERTIES IN THE NAME OF HIS WIFE 8 YEARS AGO, NOW HE IS ASKING ATLEAST PART OF IT BACK, BUT THE WIFE HAS REFUSED.

HE CAN PROVE IT THAT HE PURCAHSED THESE PROPERTIES BY THIS WAY OF INCOME IN THAT YEAR, BUT SHE CANNOT PROVE WITH WHAT INCOME SHE PURCHASED THESE PROPERTIES.

THEY HAVE 2 CHILDREN AGED 10 & 11 YEARS.

THEY ARE LIVING TO GETHER, BUT DO NOT TALK BECOZ OF THIS PROPERTY ISSUES.

WHAT LEGAL REMEDY CAN MY BROTHER ADOPT IN THIS CASE TO GET BACK ATLEAST 50 PERCENT HIS PROPERTIES.

PROPERTIES ARE MIX LAND USE IN HARYANA.

THANKYOU.

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Quick Summary

A man purchased three properties in his wife's name eight years ago using his own income. Now, he wishes to reclaim at least a portion of these assets, but his wife has refused. He has documentary evidence of his income and purchase, while she cannot prove the source of funds for the properties. The couple has two young children and is currently estranged due to this dispute. The brother is seeking legal recourse to recover at least 50% of the properties.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 27 June 2023

On the basis of the documentary evidences for funding the purchase of the said properties, he can file a suit for declaration of his title and interest in the property and for possession if it is in her possession.

Advocate Bhartesh goyal (advocate) 27 June 2023

Yes, your brother has to file suit for declaration of title of properties on basis of documentary evidences ( investment proofs and income tax returns) and get declared his title on properties.