Ownership of house
brijesh sharma
(Querist) 09 February 2012
This query is : Resolved
I am Centeral Govt.employee, I have purchased a house by taking loan from my Office and my personnel saving in 1998 in the name of my wife now she is living with her brother since last two years . I am still paying EMI from my salary and which is to be paid up to 2018 . Now my wife wants to cick me out from the said house .What is the remedy in law for me so that I may be declared the owner of said house and she could not disturb my possesion and right of living .
Raj Kumar Makkad
(Expert) 09 February 2012
You can file a civil suit seeking injunction against her proving that house property has been purchased by you and still you are paying its installments of loan amount.
ajay sethi
(Expert) 09 February 2012
you have to file suit givng particulars of housing laon taken by you , eMi paid by you and debited from your acount for last 14 years . in said suit you have to seek declaratory /injunction reolefs . contact a local lawyer
Advocate M.Bhadra
(Expert) 09 February 2012
If the land was purchased in the name of your wife by a registered Deed of Sale and subsequently constructed a house thereon and since the abolished of "Benami Transaction(Prohibition) Act" in the year 1988 you would not able to recover your money from the said property.
Devajyoti Barman
(Expert) 09 February 2012
Yes , you have to file a suit to declare the property as purchased in benam of your wife.
In the said suit you can claim for injunction against sub judice transfer of property.
prabhakar singh
(Expert) 09 February 2012
File a suit for benami declaration and injunction.
Raj Kumar Makkad
(Expert) 09 February 2012
Abolition of Benami Transaction Act is already in operation in India so the possibility of filing such case and further its success is totally doubtful.
Sailesh Kumar Shah
(Expert) 12 February 2012
@Makkad Sir,
Benami Property purchased in the name of wife, is permissible under the benami transaction prohibition act 1988.
@Mr. Brijesh Sharma
So, File civil suit for appropriate remedy.
