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pankaj Dev   21 September 2024

Title suit

I have purchase one land in Assam on 23.03.2011in my  wife name and payment made by me though bank . After that I have constructed the house and payment made by me though bank  and now at present there are 18.0 LAC market loan . Already 1.5 crore  I have spent for thecostruction of house    When I asked  my wife  apply for Motgrage loan for my daughter study at Private medical college s against  the property she refuses. Also she refuses to transfer the proper against my name so that I can avail the loan  Now my wife  refuses to tranfer the land to my name . Also refuses to pay the  18.00 Lac market loan     Please suggest so that I can proceded the matter in the court and get the perproty in my name




Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     21 September 2024

If you have documentary evidences to prove that the funds for the purchase of the property was fully funded by you then you can approach civil court with a declaratory suit to declare the title on your name based on the transaction documents on your name.

But this civil litigation will cause an injury to your married life and it may even lead to divorce, so if you are ready to face the matrimonial disputes and the consequences thereon, you may proceed. 

pankaj Dev   21 September 2024

I am ready to face the divorce if required . But I have two daughter and ten year son and she is a govt service holder. I have the other properties also . I case of divorce whether compensation will come ?

T. Kalaiselvan, Advocate (Advocate)     21 September 2024

It depends on how strongly you conduct the case agaisnt her and produce the subatantial evidences to lay your claim in the suggested declaratory suit.

Dr. J C Vashista (Advocate )     22 September 2024

Your wife is the titleholder/owner of the house, despite the fact it was funded by you.

You may file a suit to recover the amount paid by you.

However, you cannot compel her (your wife) to transfer it in your name or mortgage to secure loan for meeting study expenses of your children. 

pankaj Dev   28 September 2024

I am from Guwahati , Please help me by providing one good lawyer at Guwahati who can give me my land  back as well as divorce with no compensation 

Dr. J C Vashista (Advocate )     29 September 2024

Personally you will have to search, contact and engage a lawyer.


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