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How can i get the property in my wife's name back in my name
10-Dec-2023 (In Property Law)
I purchased some property in the name of my wife before we divorced , She also filed a defamation case on me ( THE COURT DISMISSED THAT CASE ) , While the honorable prosecutor examining her she accepted that " MY HUSBAND PURCHASED SOME PROPERTY IN MY NAME ". Is there any possibility to get my property 100 % back in my name as per the benami act..??
Firstly, bear in mind that it is unethical for a lawyer to foretell the outcome of a case.
Your wife is a joint owner of this flat. As such, she is as much an owner as you are. A co-owner cannot deprive another co-owner of his ownership. The fact that your marriage is estranged does not vest you with a legal right to oust her proprietary rights. A property once registered cannot be re-registered. The only event in which you can assume ownership of the entire flat is of your wife makes a relinquishment deed in your favour. Don't go to court as your case will have no legs to stand on, hence it will be dismissed at the first hearing itself.
Your wife is a joint owner of this flat. As such, she is as much an owner as you are. A co-owner cannot deprive another co-owner of his ownership. The fact that your marriage is estranged does not vest you with a legal right to oust her proprietary rights. A property once registered cannot be re-registered. The only event in which you can assume ownership of the entire flat is of your wife makes a relinquishment deed in your favour. Don't go to court as your case will have no legs to stand on, hence it will be dismissed at the first hearing itself.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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