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ASHU MAHAWAR   07 September 2024

Husband claim back property by filing declaratory suit for property purchased by his own funds

Husband purchase property in wife name from his own funds.

1. 2004 first property was purchased by husband,s fund in wife name .

2. 2007 second property loan was taken and husband was co-applicant but wife was not doing any business. husband transferred amount in wife account to pay emi.

3. 2007 husband purchased third property on loan both were Co-applicant, husband transferred amount in wife account to pay emi. In 2016 sold this property and purchased flat from the profit amount in wife name.

4. 2016 fourth property A flat was purchased in joint name on loan and husband transferred amount in wife account to pay emi.

But one thing is there that before payment of loan or emi fund was transferred by husband form his own A/c or his family business account to wife's A/c for payment of loan or emi. And Except 4rth property all loan are closed.

Husband filed Declatory suit which is under process. And stay was not granted by lower court. Appeal has been filed in highcourt for stay.

NOW WIFE HAS SOLD ONE PROPERTY FROM THESE 4 PROPERTY, WHICH IS AN AGRICULTURE LAND. HOW CAN HUSBAND STOP NEW BUYER FROM TAKING POSESSION OF THIS PROPERTY. SECONDLY WHAT SHOULD HUSBAND DO IN DECLATORY SUIT CASE & STAY CASE, TO STOP SELLING WIFE REMAINING PROPERTIES. AND NEW BUYER FROM SELLING THE PROPERTY AGAIN.

 



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     07 September 2024

What is your question, be clear in what you want to clarify.

kavksatyanarayana (subregistrar/supdt.(retired))     07 September 2024

Your query is not clear.  However, the husband shall prove that the properties purchased in the name of his wife, with his funds 


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