Querist :
Anonymous
(Querist) 15 October 2015
This query is : Resolved
My estranged wife sold a flat which was bought in her name by me through my earnings. Can I claim sale proceeds from her? Can I stop sale? Can I approach Court for recovery or stay sale? Under what law & which section. I HAVE NOT GIVEN DIVORCE TI MY WIFE.
Anirudh
(Expert) 15 October 2015
Since the property was in her name, she has every right to do whatever (including sale) with it. Who spent the money in buying the property is immaterial. In whose name the property was is relevant.
You cannot get back the money.
Now that she has already sold it, the question of any stay does not arise.
Whether you have given divorce to her or not is also not relevant.
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