Legal Question in Family Law in India
Husband and wife were married for 19 years under Hindu marriage act and have 2 kids. They are separated from last 2 years. Husband bought some property on wifes name and transfer his share from one property on her name, when they were together The property were bought by his saving and by her (wifes father) fathers saving. Wife was house wife ,never worked. Can husband claim the property which he bought and transfer on her name? Husband also have some property only on his name, can wife claim that property?
2 Answers from Attorneys
you may claim the property as your case will fall into the proviso to section 4 of Benami Transaction (Prohibition) ACt 1985. She cannot claim your property. you can claim because you have paid the money and your case falls in section 4 as stated above
as per your version, the properties were bought with your money and the money of father in law. better amicably settle the matter by dividing the properties instead of going for litigation.
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