Legal Question in Family Law in India
I bought 2 flats in a co-operative society in 2005. Since the co-operative society did not allow 2 flats to be in same persons name, I put one flat in my mother-in-law's name and the other in my name. The payment for the flat was made through my bank account. I had a domestic violence dispute with my husband in 2010 and now my mother-in-law and husband are not giving me back my flat. She is claiming that the flat belongs to her. My husband gave me some money in 2007 ( I had already made the payment for flat in 2005 ) and they are claiming that money was given to me in 2007 for the flat payment I had made in 2005, this is a complete lie. Do I stand a chance in court to claim back the property since the payment came from my bank account and there is no written agreement which proves that money they gave me in 2007 was for the flat payment?
2 Answers from Attorneys
you can ask for residential orders in DV case.
You may have to file a civil case under the Benami Prohibition Act to claim title and possession of the property purchased through your bank account.