property bought by husband in the name of his house wife. wife sellilng iwithout husband knowledge
Querist :
Anonymous
(Querist) 09 December 2010
This query is : Resolved
Husband sole bread winner, bought property in the name of his non working wife.wife seeing the absence of her husband who was on a lengthy posting outside india, took advantage and sold off(made an agreement of sale/irrevocable gpa) the property for a song. husband put a court case. trial court gave judgement in favor of wife beyond pleadings. HC moved by the husband, perpetual stay granted. Now the gpa holder threatens to bring a criminal case against her, because he is unable to use/develop the property.as a gpa holder can he put a criminal case against the seller. seller also might say she has the judgement in her favor from the trial court.can he put a criminal case of cheating
Querist :
Anonymous
(Querist) 09 December 2010
want expert opinion as to what husband can do
R.Ramachandran
(Expert) 09 December 2010
If the house is in the name of the Wife, husband can do nothing if the wife sells the same. The trial court was correct. I do not know which HC and on what grounds the stay (that too perpetual stay) has been granted. The way you are narrating, without seeing the documents, and orders of the Court one will not be in a position to give any comment.
Legal Fighter
(Expert) 09 December 2010
I don't know if you took the ground of benami transaction and relied onto Section 45 of Transfer of property act. these 2 are in your favor in the given circumstances.
Anyone can put the case but the result matters. I don't think the result of criminal case will be in GPA holder's favor.
Devajyoti Barman
(Expert) 09 December 2010
If the wife at the time of executing the gpa was the owner of the property, then the gpa holder can not initiate any crminal action against her.
s.subramanian
(Expert) 09 December 2010
I agree with Mr.Ramachandran.
Querist :
Anonymous
(Querist) 10 December 2010
yes the case was fought on benami transaction in the trial court.the party from whom the property was purchased by the husband in his wife name was presented as star witness. even wife in her counter mentioned the name of the party from whom the property was purchased.the star witness in the open court gave evidence that the husband paid the money for the property. thats why i said the trial court gave the judgement in favor of the wife beyond pleadings.gpa wanted to vacate the stay in HC by arguing that he wants to start construction in the said property. permission was not granted since the gpa holder has no title. moreover wife cant apply for construction of structure in the property since she has already issued an irrevocable gpa. its true that the gpa holder cant book a criminal case against the seller.
R.Ramachandran
(Expert) 10 December 2010
Even under the benami transactions prohibition Act, if a property is purchased in the name of the wife, by funds provided by the husband, it would be considered as the property was purchased for the benefit of the wife. Once the property is considered as purchased for the benefit of the wife, and if the property is in her name, she is the absolute owner of the same and can deal with it in any manner as she likes.
THEREFORE I DO NOT KNOW HOW PLEADING THE PROVISIONS OF THE BENAMI TRANSACTIONS ACT WOULD COME TO THE RESCUE OF THE HUSBAND.
Similarly, Section 45 of the Transfer of Property Act has no application at all to the present case.
M V Gupta
(Expert) 10 December 2010
I agree with Mr. Ramachandran.The wife has full rights of disposing the property. There is no legal need of obtaining the consent of the husband to sell th property.
Querist :
Anonymous
(Querist) 11 December 2010
If that is the case, the FC judge instead of giving an 85 page judgement, would have finished the case on filing the counters, in just two sentences. saying the property is in her name, she is the absolute owner and she can sell it.why the case dragged on for 2.5 years.
The Presumption that the property belongs to wife is rebuttable. I am sorry to say that I have come across persons of both types like R Ramchandran and legal expert posted on 09-12-2010. we are educated lot and have done lots of research and only when convinced that the presumtion is rebuttable I filed the case. I have decided cases and judgements in favor of the person who paid the consideration for the property from SC as latest as March 2010.
R.Ramachandran
(Expert) 11 December 2010
Dear Anonymous,
I will appreciate if you could please indicate the decided cases and judgments of SC in favour of person who paid the consideration - citation is enough. I will equally appreciate if you can post the 85 page judgment which you are talking about.
R.Ramachandran
(Expert) 14 December 2010
Dear Anonymous,
Can you please post the citations including the one related to SC?
We expect the response from you for a healthy debate and discussion and for updation of one's knowledge.
Querist :
Anonymous
(Querist) 15 December 2010
Learned lawyer R Ramachandran kindly provide me with your address. I would like to come and see you personally where ever you are. I promise to bring my file with me and we can have a one on one debate. I am fighting for justice where as you are talking about law.
The family fabric which I weaved has been torn apart. My dreams got established not only for myself but for my wife and children, in the process all my wealth and savings have been looted and I have been left alone, to mend for myself. A lawyer friend of mine changed his stance, befriended my wife and carried out this transaction, with mean interests. Hence I have no choice but to knock at the door of justice. Thats why I said the judgement was beyond pleadings of the respondents. Many things which were not mentioned by respondents has been added to the decree.
R.Ramachandran
(Expert) 15 December 2010
Dear Mr. Anonymous,
I am not entering into the merit of your case. Whatever views I have stated above is based on my legal knowledge.
But you have stated that you have many citations including that of the SC according to which my views are not correct.
Therefore, naturally, I am only wanting to know (for personal knowledge also) the citations including the one related to SC, which you mentioned in your post.
I am not at all entering into how you suffered and how the decision was beyond the pleadings etc. etc. I always believe that a lawyer should be detachedly attahed to a case. I look at the matter purely from legal perspective.
Therefore, please make available the citations which you mentioned. This will further help me personally to obtain current knowledge, and also to be of assistance to others in case of need. Based on such citations, perhaps I may come back to you and say "I am sorry, I was not correct in my view given to your query."
I once again request you to post the citations.
