You are the owner of plot
2)your wife signature is not required for sale of plot
3) your wife can file suit to claim share in property
4) she can file DV case against you seek injunction restraining sale of plot by you
Who is the legal owner
I bought plot cost 13.5 Lakhs in Telangana state. In that I paid 1 lakhs to seller from my wife account. Remaining 12.5 lakhs paid from my personal account only. Actually I sold my plot and the amount which I received, In that amount, 1 lakh amount transferred to my wife account from buyer. The same 1 lakh amount I used for purchasing plot. Please Note that Registration done on my name only. And I transferred (via Net banking) that 1 lakh + 3000rs (Interest for 7 days) to my wife account and mentioned in the bank Remarks - "Returned the used amount for Plot 4 in Telangana state". My question is Who is the Legal owner for the plot which is purchased for 13.5 Lakhs in Telangana state? And If I want to sell the plot in future, even my wife also required to sign as I used 1 lakh from her account? As I used 1 lakh from my wife account, can my wife can be called as Legal owner now or in future?, can my wife file case on property which I purchased?. Kind Note - Please read my question clearly and answer. Thank you
Asked 4 years ago in Property Law
Religion: Hindu
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6 Answers
Ajay Sethi - Sir, I already transferred used1 lakh amount + 3000 rs interest [For 7 days]. How can My wife can file suit to claim share in property.
Asked 4 years ago
If you have repaid amount within period of 7 days wife cannot claim share in property
Hello,
- As the property has been purchased and registered in your name, you are the legal owner absolutely of the property. And besides, you have all the proof for the channel through which the 1 lac was paid from your wife's account.
- Therefore, even if your wife makes a claim in the property at a future date on basis of the amount that was paid from her account by way of a suit, it cannot stand as a valid claim in the face of the proof of the source of funds.
The property was purchased by a registered sale deed on your name, hence you shall be the absolute owner with clear and marketable title to the property.
Your wife has lent some amount for purchase of property which was duly returned by you and you have evidence for these transactions.
Your wife cannot be a joint owner for any reason because the property has been registered on your name alone.
Your might have funded for the purchase of the proeprty which has been termed as loan. From the documentary evidences it can be found that you have repaid the loan amount with interest, hence there is no question of your wife claiming any share in the property just because she had lent an amount towards purchase of the property and the loan amount was duly repaid.
1. You are the lawful and absolute owner of plot if sale deed is executed in your favour alone.
2. Title flows from the sale deed, not sale consideration.
3. Your wife is not required to be a signatory to the sale deed that you will execute in favour of a prospective buyer.
