Non execution of sale deed

Querist : Anonymous (Querist) 10 April 2023 This query is : Resolved
Sir,
My first wife leave me and remarried ( I have no proof of remarriage). I have filed a divorce case wherein she has refused to come back in her written statement.

Before completion of divorce, on good faith I have live in relationship with a lady. The lady is acting with me like a great actress.
On good faith I lent her money to her bank account to purchase a flat in her name for our resident.

Day after purchase of said flat the lady had broken relationship with me & went away after marriage with XXXXX.

I continue to reside on said flat since date of purchase to till date. She has verbally agreed to register the flat in my name but keep her promise.

Now with some notorious agents she try to vacate me to sale the flat.

Can I file a civil suit for register in my name ?
Please advise, I am in deep trouble.

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kavksatyanarayana (Expert) 11 April 2023
The flat is in her name so how can you ask her to register it? Do you have an agreement for this? But you lent her money, is it online or cash? If you transferred the amount to her online, you can file a recovery against her. Consult a local lawyer for further guidance.

Advocate Bhartesh goyal (Expert) 11 April 2023
Since you have no agreement with her for transfer of flat so you can't initiate legal proceedings in this regard however you can file suit for recovery of loan amount if you have any cogent proof.

T. Kalaiselvan, Advocate (Expert) 12 April 2023
You can either file a suit for recovery of the amount you had lent her or file a suit for declaration to declare the title to the property based on the funds utilised for the purchase of property being funded by you.

P. Venu (Expert) 13 April 2023
Yes, you may initiate action for recovery of funds allegedly lent. However, any action to claim or establish the title to the property could be barred by the provisions of the benami Transactions (Prohibition) Act.

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