Transfer of property

Querist : Anonymous (Querist) 19 November 2011 This query is : Resolved
I am requested to give me the advice for below mentioned details.

The husband is a lawyer & he purhcased the home of her wife's name not for gift. But after 2 years. When they quarrel she always threaten him i will dismiss from my house. Husband always hear all this type of sentences. So Now he want to transfer home on his name. She always says him i can not transfer this property. how can he transfer home on his name? what is the evidence required for this case & Which act is useful to make this house on his name. Please give me advise as soon as possible. how can he prove this & make this house on his name.

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prabhakar singh (Expert) 19 November 2011
If you want to say that husband had purchased
a house in his wife name and now wants that house in his name then he needs a gift or sale deed executed registered by his wife in his name.

Shonee Kapoor (Expert) 19 November 2011
W/o Gift or Sale deed it is not possible.

In nut-shell it is not possible w/o consent of the wife,.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Devajyoti Barman (Expert) 20 November 2011
The husband has now no option but to first establish his title over the property which is only possible by filing a suit under benami Prohibition Act.

If you could prove that all the money utilised to but that property as given by you, then only you may succeed to declare that property in your name.

Rajeev Kumar (Expert) 20 November 2011
No further addition required

Shailesh Kumar Shah (Expert) 20 November 2011
execute sale deed or gift deed by both.

Shailesh Kumar Shah (Expert) 20 November 2011
Shri Devajyoti Barman,

Respected Sir,

purchase property in the name of wife is out of ambit of the benami transactions prohibition act 1988.

Thanks
with Regards,

livingston_k (Expert) 20 November 2011
wife has to settle or sale in husband name

M/s Samanta and Ston
samanta_ston@yahoo.com

Devajyoti Barman (Expert) 22 November 2011
How Mr SHah?
Please read section 3 of the Act which clearly makes exception for the wife and children.

Shailesh Kumar Shah (Expert) 23 November 2011
Shri Devajyoti Barman,

Respected Sir,

I wrote the same earlier as you said.

Thanks
with Regards,

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