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Sanjay Makwana   06 February 2025

Husband purchased the property on wife name

Dear Sir, 
 
I have purchased the house from my income but registered on my wife name in 2016,.she is housewife only.
 
Total house price is Rs 1.09CR, the amount 96lack from my personal account and remaining 14 lakh have been paid to the builder from my wife and me.
 
Furthermore, 2017 to 2923, I have been paid regular house tax, society maintenance and painting/repairing payments concerning parties payment from my account.
 
I am having all payment transaction details and all evidence.
 
Additionally, the Income Tax notice issued to her, she has been clearly declared that the house was purchased from husband income only and my contribution is nothing, my name just used to purchase only. The house was registered on women to save some stamp duty.
 
Now the 2023 dispute is ongoing between both, I have submitted a declaration of ownership and stay order to the family suite under Family Court Sec 7 in district Family Court, Surat, Gujarat.
 
I would like to clear my queries as mentioned below
 
1. Tentatively how much time court is needed to settle this issue.
2. Since all proofs/evidences are submitted to court, count be decided to transfer ownership to me?
3. What legal option can she use to hold her ownership?
4. The said property is not gifted to her, eventhrough she can claim without any evidence and hold her ownership remain.


 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     06 February 2025

Your query: 1. Cannot say.  2. No.  3.  The property is in her name.  and 4.  Yes.  As the property is in her name, she is an absolute owner of the property though you purchase the same in her name.  You shall engage an experienced advocate to deny her claims on the property.

Muhammad Ayyub (Lawyer)     07 February 2025

Since the house is in your wife's name, legally, she is the owner. Even though you paid for it and have proof, the court will decide if it was a benami transaction or not. Court cases take time, and she may argue that it was a gift. If you prove it was bought only for name purposes, the court may transfer ownership to you. However, if she fights back, it could get complicated. You should consult a good property lawyer to handle this case properly.

P. Venu (Advocate)     07 February 2025

It is a question of proving your rights, interests and title. The property is in her name; as such this is not going to be an easy task. Payment of taxes etc. does not confer any rights or interests upon you.

Proceedings in the Courts take their own course. 

T. Kalaiselvan, Advocate (Advocate)     09 February 2025

1. The time taken for disposal of suit cannot be predicted owing to various factors involved in it.

2. The court's verdict also cannot be predicted.

3. The registered title deed and married women property act.

4. The property was purchased by you on her name voluntarily without any force or pressure on you. Moreover the property purchased by husband on the name of wife will not attract Benami transaction also.

Hence the chances are very bleak 


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