regarding possession of flat
ashish sharma
(Querist) 18 August 2009
This query is : Resolved
My wife married with me in feb 2005 and after taking divorce from her ex-husband her ex-husband took forceful possession over the property at patel nagar, new delhi which is in the name of my wife through gpa of 1995.She is sole owner of said flat but her ex-husband is a greedy person took forcible possession over the said property and molest my wife with their family members in public FIR was lodged aginst her ex-husband in ps patel nagar u/s-354/341/34 IPC in may 2005.Thereafter we both file petition for survillence and protection when her ex-husband threaten to me and my wife for withdrawl of FIR in 2008.High Court has passed decision in our favour.In Oct 2008 her ex-husband file false civil case for suit for perpetual injunction against me and my wife for the possession of said property on the basis of forged mortgage deed tht my wife has taken rs. 10 lacs from him in june 2005 and mortgaged the said property.how it is possible the FIR was lodged against this person in may 2005 and my wife took rs. 10 lacs in june 2005 and mortgage deed was expired on june 2006.When we come to know about said mortagage deed my wife immidiate registered the said property in my name for saving the property from her ex-husband in oct 2008.I had filed complaint case u/s-200 cr.pc. for preparing forged document against this person in nov 2008.But the court dont summon the accused on the basis that this forged mortgage deed is not sufficient to summon the accussed in aug 2009.we will go to revision to sessions in next 3 to 4 days.Any expert may kindly suggest how we will disposess the said person from the said property,suggest any suit or civil litigation to evict this person from the said propery immidiate.Can we go for suit for possession in my name or my wife name?
s.subramanian
(Expert) 24 August 2010
Your wife has to file the suit for posession.
