Civil case of flat by wife in Family Court
5 years ago
Dear Sir,
My wife filed a civil case for declaration, cancellation and permanent injunction with other cases in Family Court where she is claiming that she own the flat from her own earnings and funds as we purchased the property no 1 with the loan that was on my wife's name. Then we sold that and purchase the property no 2 with the previous with again title on my wife's name. Then we sold and purchased the property no 3 but this time the title of the property is in the name of both of us and prior to this 3 no. property she got the payment of Rs. xx Lakhs from her mother through A/C payee cheque.
I filed the counter claim on the same with the documents of the property in my name that was sold approx. 1 year earlier than we purchased the Property no.1, then after the purchase of property no.2 i got lucky and got the flat in DDA Draw against which i received the appreciation of Rs. xx amount cash. Then we sold property no 2 and purchased property no. 3 with both of us title name.
From above is it possible that wife will get declaration, cancellation and permanent injunction? As wife is showing the loan details of property no. 1, and sale purchase of properties and the share amount from her mother and also the cheque amount paid by her in present property which is in my possession whereas i am just having the papers of Property which is in my name and was sold prior purchase of property no.1 and the documents of the property which i sold immediately after the draw of DDA Delhi.
It is better to take strong defense. She is the part of HUF (Hindu Undivided Family) and she has no exclusive right over the propery.
Nirmal Chopra
Responded 5 years ago