Paid Advise

Can wife claim property of husband in lieu of financial help

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014


Reading Time:

Married in 2014 Dec. Due to severe harrassment and voilence, in laws made me to apply for divorce (had attempted suicide twice) but never given any complaint thinking that in laws would change. I had helped my husband financially around 15 lac for his business. Now he has no business and claims he has no income at all. In 2018 we separated from our in-laws and we stayed in one of their own apartment. 

The apartment is in his name, brother, mother & sister’s name. Now I’m staying here after applying for a DV case. I’m earning but in a lot of debt because of his business. Now I’m struggling hard to make my son study. If my husband is not willing to pay any maintenance to my son and me, will my son get the apartment which we are staying in now? 

I have also filed an FIR under 498A case for dowry, pls help. They are very confident they cannot give any money because they are earning. But because of these people, I’m paying their debts even now. They have enough property. Atleast I need to get my money which I have given to them and cleared a few loans (unfortunately loans were taken in my name). I need justice for my son.

Question from: Karnataka

You have advanced more than 15 lakh to your husband for doing business. But he did not do well in business and lost all the money. You are also facing domestic violence and cruelty in the matrimonial home. Currently, you can claim a refund of money from your husband.

If your husband does not refund your money then you can claim his property in lian. You can hold his flat in the apartment and not give possession to your husband till the payment of 15 lakh rupees. All that money was your hard earned money and it was your personal property. your husband cannot claim right over your property therefore, he has to refund all the money. You can also find a civil suit for the recovery of money and carry on your possession over the property until the decree of the court.


Submit a Comment

Your email address will not be published. Required fields are marked *

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Can a tenant refuse to vacate an allotted house?

Question: Can a tenant refuse to vacate an allotted house? Our father had purchased 3 houses together in a colony, more than 50 years ago. Two on the ground floor, in which we were already living there on rent. And One house is on top of these two houses. A tenant...

First Name is missing in jamabandi 

Question: Respected Sir, I bought a flat in 2018. Now we had applied for renovation loan from bank and for that when we were collecting the required documents. It came to our knowledge that jamabandi had only my surname and operator missed to enter my first name in...

Can I transfer a demat account without a probate?

Question: Can I transfer a demat account without a probate? My father had made me (his son) as nominee on his demat account. However as per his will this account should be given to his grandson (my son). Bank wants a probate of the will. However as per his will this...

Can a mother gift self-acquired property to her grandson?

Question: My mother has a self-acquired property and also got property of my father. My father died in 2006 without making a Will.  However, the khatha has been transferred in my mother's name. We have a family of 3 people. Can a mother gift self-acquired property to...

Repossession of flat let out on rent since 1968 

Question: I own a flat of 600 sq ft in a cooperative housing society in ghatkopar west. Repossession of flat let out on rent since 1968. My grandmother had let it out in 1968, the rent was fixed at rs 120 pm and ever since then it continues till date. The share...

My father did not do mutation 

Question: My father did not do mutation after purchasing a land. A plot purchased by my father in 1991. He died in 2017 with no mutation etc done on this property due to some family disputes. Now I got information that this property of my father is sold and my family...

Can conveyance deed be done with the developer ?

Question: Cooperative Housing society is on 98 years leased land. Property is going for redevelopment. Can conveyance deed be done with the developer.?  Builder is going to give freehold ownership flats to tenants. Builder is asking us, who are the landowners, to do a...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.