Do i owe money to my husband?
Querist :
Anonymous
(Querist) 24 October 2011
This query is : Resolved
2 years back my husband gave me 8 lakhs rupees cheque (without any condition) to give as an advance amount for the house that I bought in my name . Three months back we got severe difference of opinions and from then on I am residing with my parents and daughter in that house. Now my husband is asking me to pay back the money that he gave me while buying the house , which I can't give. Also he is telling me that he is going to file for divorce since I deserted him . Please clarify whether I owe to pay back him ? And what should I do when I can't do it due to my financial position? Thank you
ajay sethi
(Expert) 24 October 2011
try reconcilation . divorce wont help as you have young daughter too.
no you need not pay him back .let him move court if he so desires. money of rs 8 lakhs could have beena gift to you from your husband
Devajyoti Barman
(Expert) 24 October 2011
The said money may be taken into account when you pray for maintenance from him.
Till that time sit idle.
However you may have several defences as well to explain why he drew that cheque in your favour.
Guest
(Expert) 24 October 2011
For appropriate answer, the following more information would be needed:
1) Whether the amount was paid in cash or by cheque to you by your husband?
2) If by cheque, whether the cheque was drawn in your own name or directly in the name of the seller of the house?
3) If the cheque was drawn in your name, whether the same was shown in your Tax return or not and if so, what type of income was shown in your account?
Sailesh Kumar Shah
(Expert) 24 October 2011
If you answered the query of Shri PS Dhingra, query would be answered accordingly.
prabhakar singh
(Expert) 24 October 2011
A lot of things can be developed by him as right and by you as defence hence unless some thing emerges on his part as a question really posed it is use less on your part to think of any defence!
Let there a case emerged on his part then ask what defence may be.
Querist :
Anonymous
(Querist) 25 October 2011
Thanks to all experts . PS Dhingra Ji - the amount was paid as a cheque . My husband drew that in the name of the seller of the house .
Guest
(Expert) 25 October 2011
Dear Author,
Since the cheque was drawn in the name of the seller of the house, the claim of your husband is difficult to be established against you.
However, if the sale deed was for the full amount paid by both you and your husband and you are not able to justify your income to that extent, the claim of your husband can be easily established for part financing your house. So, if that be the case, you should follow the advice of Shri Ajay Sethi and Devajyoti Barman.
Shonee Kapoor
(Expert) 25 October 2011
Legally you are not required to pay back.
Morality has no value in these times.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 25 October 2011
prabhakar singh
(Expert) 25 October 2011
blank post means she has agreed as per advise of Mr. Sonee Kapoor;And has thanked him.
Shonee Kapoor
(Expert) 26 October 2011
I thank you for informing me this Ld. Mr. Prabhakar Singh (though my post is not blank)
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
