Legal Question in Real Estate Law in India

Background: My husband and I bought a flat in Pune, Maharastra in the year 2004 with me as a primary owner and husband as the secondary. The housing loan also stated me as the primary and my husband as secondary. The EMIs were paid from my bank account as cheques / ECS.

Last year in November, we sold the flat and the buyer in a hurry issued Demand Drafts in the name of my husband instead of me. We are now in the process of getting divorced and my husband is not agreeing to return the money back to me.

Is there a way I can get my money back?

I have been also advised by a lawyer to get the sale deed cancelled.

Is that possible? If so, what are the steps required from my side?


Asked on 4/13/10, 6:00 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

yes, you can file a suit for recovery and prove that the money was paid towards consideration of the flat in pune and as the documents itself would show, you stand a good chance of recovering the amount.

Read more
Answered on 4/13/10, 6:43 am
Shrichand Nahar S.V.Nahar, Advocate

You can claim this amount as also any other amount due to you from your husband in the Divorce Proceedings instituted either by you or your husband.

Getting sale deed cancelled on the ground of payment of price to one of the co-owners appears difficult.

If Divorce Proceedings are still not filed, include this and any other claims of yours in the said proceedings.

Read more
Answered on 4/13/10, 9:38 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in India