Property dispute after divorce
S M
(Querist) 09 April 2012
This query is : Resolved
Hi,
Sorry I have to reopen this query again as details were not provided before for the case. Please see the details below.
• Husband and wife purchased the DDA registry from an owner in which husband got the power attorney. He was the loan owner and wife was the guarantor. After 4 years or so after getting the house husband defaulted on loans and bank contacted the wife about the same. Then husband disappeared and moved out of country. Wife then onwards made payments on the loan and paid off the house. Wife filed the divorce based on cruelty and abandonment and got the same. Wife later on moved along with kids out of country as well.
• While both of them away house was vacant. One fine day husband appeared and broke into the house and started living in the house and tried to sell the house. Wife found out about it and returned to India and filed police complaint against the husband for the break in. She filed court case against the husband stating husband has not right to sell since she made payments on the house. She got stay order from the court that husband should not be allowed to sell the house without her permission. Husband disappeared again. Court case went on and judgment was given the since wife made payments on the house she will be the owner and Judge made husband’s POA invalid and asked him to return in to wife. Which has not be returned till date. It has been 5-6 years since the orders has been issued.
• Upon receiving the judgment wife filed for free hold for the house with DDA and got registry in her name. And finally house was sold. Now husband appears and claims he is the owner and she has no right to sell. He files in court claiming property belongs to him ( bases on the POA he has) and wife has committed fraud. During the court hearing Judge reopens the case based on the ownership. Husband in his case did not mentioned that judgment was given against him previously and that his POA was invalid. Judge also without asking the written or oral clarification from the other side opened the case.
• Now my question is what is how to handle this case? What is the best way to end the false claims made by husband and how to avoid legal hassles for the same in future.
Thanks you all for input on this.
Nadeem Qureshi
(Expert) 09 April 2012
Dear SM
as per my opinion husband has rightly said that he is owner as per POA and bank loan, the question was that he should pay the due to his wife because she pay all the due of bank as a guarantor. I don't know what were the facts and circumstances before the court who pass a order that the POA of husband is invalid.
now if you are from wife side you should fight the case as prove that you have the ownership of this flat before sell the flat.
feel free to call
Raj Kumar Makkad
(Expert) 09 April 2012
Defend the case on all possible grounds. You have not to worry. The decree passed by previous court was ex-parte decided so it can be reopened as per law.
