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Ajay Sharma (NA)     24 October 2013

Wife filed civil injunction

Hi,

Wifey has filled a civil injunction against me for declaring her as a sole owner of flat registered in joint name.

facts are as below:

Married for 15 years/2 kids 15 &10 years/Both working/ Flat allocated to wife in reserved category (PH)/ EMI paid by her from salary account/ DV filed/Divorce filed/no 498a

She has submitted statement from financer and her bank showing all EMIs paid from her bank account except 2. She has also added result as displayed by DDA, which indicates her as allotee.

My queries are as below:

- What is the standard position in law, can she get 100% ownership of flat due to her paying the EMI

- My lawyer says there is some clause 45 in property act which make her case strong.

- What can I do in this case, Not sure about what kind of proofs I can bring...

Kindly help friends...I am in deep s*** now..

 

Regards,

Ajay 

 



Learning

 1 Replies

Reformist !!! (Other)     24 October 2013

U can fight the case in court, but her case is too strong. 

If you have done any transfers in her account, u may claim that the transfer was for flat EMI. Also, as a joint owner, u can still reside there and if u want to stop this then enter the house before she gets stay for ur entry in the house.


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