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Rakesh Tiwari (Job)     30 April 2025

Property registered on wife name

My husband has purchased a property on my name 2016, his job in gulf contry, the payment 1CR from his personal NRE account and remaining 15Lkh paid from we both join NRO account to builder directly. I am housewife so no any income source.

In 2023, Income tax notice has been inssued to me about property, so I have declared that I am housewife only no any pyment from me to purchased of this property, since my husnabd is NRI, he has purchased the property used on my name, the all payment to builder from his income from gulf county only. During resistration time my husband is not presented in India so I went to office and registered on my name only, so income department declared the same and not any tax applied on me.

Further 2016 to 2023, sociemty maintenance painmet, house repairing, house tax and necessay furnitures payment also from my husband only.

This property was on rent, the rent payment regularly transferred to my husbsnd account by tenant.

My husband has available all above documents i.e bank all transactions, duly signed income tax declaration by me.

Now we are in dispute and near to move divorce situation.

My husband had filed ownership declaration and permenant injuction suit to family couty under sec 7.

The summons from court is coming to me and tenant name but we both not receiving yet.

1)     Since property sale deed on my name only, but submitted all documents the court judgement can go favor to husband?

2)     How I can fight to this case to hold of property ?

 

 



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     30 April 2025

Since you have admitted to the income tax department also that the property was purchased by your husband by his own money but on your name and all other documentary evidences are strongly supporting his pleadings.

Therefore you may have to look for the defence accordingly.

Dr. J C Vashista (Advocate )     01 May 2025

Various legal issues are involved in the facts posted by you.

You will have to contest the case seeking professional services of a local prudent lawyer.

R.K Nanda (Advocate)     01 May 2025

Take help of local lawyer. 

Advocate Bhartesh goyal (advocate)     01 May 2025

Your husband's suit for declaration and injunction is not maintainable.Since property was purchased on your name as benami and after enforcement of Benami Transaction Act 2016 if any property has been purchsed as benami , actual owner can't  claim legally it from benamidar but you have to  contest the case strongly.


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