LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ajay Sharma (NA)     17 August 2015

Strength of evidence

Hi,

Me and my wife are fighting a case as opposite party for a flat and a plot. The case facts are as below:

1. The flat is a DDA flat, which was alloted jointly in our name, however in a reserved category of PH, to which only I belong. Also there are a few confusing documents in between which states just my name. But the CD stands in joint name.

2. The payment has been made from my account directly.

3. I had sold a self acquired property long back, from some money was taken on loan by her brothers in cash. a few years later, it was returned to me by cheque. Now she is claiming that this was the loan given by her brothers to me and her for payment, so all the payment has not been made by me.

4. Even on the plot, they are referring to the same money being used.

5. I have always taken approval from my department before giving loan, recieveing loan, buying property, selling property etc. All these are documented and are available in service records. While she is also a government employee, she has not submitted any document. The flat is currently in her possession.

My question is, is the payment record, govt. document for all kind of loans & payments and allotment under the PH category enough for me to get possession and declaration of title.

Kindly suggest.

Regards, Ajay



Learning

 1 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     17 August 2015

Though the mode of payment may be made from UR account( I am not going into the other financial transactions effected), as the flat is in the joint name and that too purchased during marital life,she can claim her share at the time of divorce.Whether she too is a govt employee is immaterial.In that case U have to contest with all the available evidences with U.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading