Legal Question in Family Law in India

property proceedings

iam divorced by mutual consent as per muslim law & have provided huge amount of alimony to my ex wife . during the marriage i had bought a flat in mumbai solely on my ex wife's name , as at the time of divorce she had verbally agreed to sigh the papers as the property rightfully belonged to me . now she refuses to the same , plz . gv me your legal advice on this ? thank you .


Asked on 8/13/07, 6:52 pm

7 Answers from Attorneys

rajeshwar sharma rajeshwarnathsharma

Re: property proceedings

You have no legal force in your matter.

Try your luck by filing civil case to achieve your goal

Read more
Answered on 8/14/07, 12:23 pm

Re: property proceedings

If your wife has acknowledge the said fact in mutual divorce petition,then you can file suit for Declaration and also mandatory injunction seeking declaration of you as owner of flat and mandatory injunction asking your wife to execute necessary documents of transfer of flat in your name.

Read more
Answered on 8/14/07, 1:40 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: property proceedings

The facts given by you are incomplete for a proper legal opinion.

You need to mention full details e.g. date of purchase, sources of funds, your income, your wife's income, declaration of property in income tax returns etc.

Read more
Answered on 8/14/07, 10:44 pm
Nandita Haldipur Haldipur Associates

Re: property proceedings

if you have details in respect of teh source for buying the flat then you may be able to file a civil suit.

Read more
Answered on 8/16/07, 5:09 am
G. M. Gupta gmguptaandassociates

Re: property proceedings

you can not do anything if you dont have any documentry proof for that. even if you have then too you dont have much options.

Read more
Answered on 8/17/07, 10:47 am
Prabhat Shroff Shroff & Company

Re: property proceedings

Since the law of benami transactions has been scrapped, it may be difficult for you to ascertain your ownership; however, factors like source of money from which payment for the flat was made and other relevant factors may get you success if you proceed legally for recovery of flat.

Read more
Answered on 8/14/07, 12:53 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: property proceedings

good afternoon

now this is an helpless situation as far you want to acquire your property as the benami property is been deleted.

but you can always screen the transactions which you carried out for the payment towards the said property and file a recovery petition lawfully

all the best!!

Read more
Answered on 8/14/07, 1:10 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India