Legal Question in Real Estate Law in India

Dear Sir,

I am doing business from last 5 years where my wife is registered as proprietor. ( under registration act, income tax act, sales tax act etc ). All bank a/cs are in my wife name for earning business income.

And during 5 years, my total investment (approx Rs. 1.00 crores ) are :

- Residential house ( self occupied)

- Office ( for running business )

- Two flats ( as investment )

- Bank balance, FDR etc.

Actually every assets (approx 90 %) was registered in my wife name which actually I was investing on her behalf in 100 % good faith. Actually my wife is just a house wife.

But now due to some quarrel on personal matter, she left my house and went to her parents house and her & her greedy brother/mother intention is now to liquidate all assets & properties registered in her name, so she had filed a suit under protection of women against domestic violence act. which I had never imagine.First hearing has already been fixed by court next week.

Pl. advise how to tackle this case / problem. How i can save my property.


Asked on 9/07/10, 1:19 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

Your only defense to claim properties is proviso to benami transaction (prohibition) act 1985. you will have to file a case for declaration seeking declaration from court that the properties and businees be declared as your properties and business

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Answered on 9/11/10, 6:59 am


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