Property claim: bought by husband under wife name
10 months ago
Hi ,
I hope this email finds you well. I am writing to seek clarification and legal advice regarding the properties that was purchased under my wife's name during our marriage.
Over the course of our 24-year marriage, I have been the primary earner and have provided the financial resources for the acquisition and maintenance of the said property. Due to my status as an NRI, I had to rely on personal loans and local chit funds lenders to fund the property purchase. While I have limited documentary proof of these transactions, I firmly believe that my substantial financial contributions should be duly acknowledged.
I am aware of my wife's desire to initiate divorce proceedings for personal reasons. However, I would like to assert my legal rights to the property and seek a fair division based on the contributions made during our marriage. Despite the property being registered under her name, I believe that my financial contributions should be considered as indirect contributions to the property.
I kindly request your professional guidance on the legal avenues available to me in order to claim my rightful share of the property. I understand that laws regarding property division and marital assets can vary based on jurisdiction, and given my Muslim background and the presence of a second wife, I am particularly interested in understanding the implications of these factors on the case.
Additionally, I would appreciate any advice on how to strengthen my case with the limited documentary evidence I have regarding the financial transactions. I have some bank statements, loan agreements, and receipts that demonstrate my involvement in financing the property.
I understand that this is a complex matter, and I am fully committed to resolving it through legal means while ensuring a fair and equitable outcome for both parties involved.
I kindly request to discuss the specifics of my case and explore the potential legal strategies available to protect my rights and interests.
Thank you for your attention to this matter, and I look forward to hearing from you soon.
Sincerely,
Thahir
If your wife has no income, you can file a lawsuit for a declaration stating that you are the owner of the property and that it was nominally bought in your wife's name out of love and affection with no intention of keeping it that way.
If your wife is not having any source of income then you can file suit for declaration saying that you are the owner of the property and property was purchased in the name of your wife nominally out of love and affection and not intended to continue the same.
Anonymous
Replied 9 months ago
Thanks sir and your answer is really supporting and hope I can start the suit without delay .
I am in the process of initiating a claim suit r, and I have heard differing opinions about the payment of stamp duty. Some suggest that paying a certain percentage of stamp duty based on the market value of the property can strengthen our position in the claim.
Before proceeding further with the claim suit, I would like to seek your professional advice on the matter. Could you please clarify the current regulations regarding stamp duty for property claim suits in Tamil Nadu? What percentage of stamp duty is applicable, and how does it impact our position in the claim?
As laws may have changed or been updated since my last knowledge update in September 2021, I want to ensure that I have the most accurate information to make informed decisions regarding the claim.
I truly appreciate your time and expertise in this matter and look forward to your valuable guidance.
Thank you for your attention to this query.
Regards
Thahir
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