Legal Question in Family Law in India
I have two daughters. My in laws were constantly harassing me one day after an argument they left my house both my daughters, i some how managed to get my elder daughter siting that she was attending school, My daughters are 6 and 4 yrs old. My wife was a housewife, they decamped with one lack 50 thousand rupees which i had saved in my wife's account, i had bought a benami property in her name an year ago worth Rs.15 lakh. I have tried to find about her whereabouts but my in-laws said they don't know about it, Its been 2 years and 8 months since she deserted, No phone calls nothing -- i am planing to move to the USA where my sisters resides as my daughter is very attached to my sisters daughters who are of the same age group.
The benami property is registered in her name, but the money was paid through my bank accounts, and also i have been paying the monthly maintenance charges through my account
Since i am a Single father hence I quit my job to take care of her, I work from my home doing a constancy business -- with which i am running my home.
Is there a legal process by which i can get the RIGHTS TO SELL THE SAID PROPERTY.
I need a way out ASAP, please help.
Vijay 9871305734 - [email protected]
I need to sell the property to move to the USA
3 Answers from Attorneys
you need to file a suit declaring yourself the owner of the said property. benami transactions act allows a husband to purchase property on wife s name but not vice versa. do consult a lawyer in person.
The Benami Transaction Act has been revoked long back now the owner of your property is your wife and there is no way out for you to recover the same from your wife or you could sell the same.
contact a sr local lawyer.
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