I have purchased 3 properties in Mumbai since 2007. First one is a resale property in Navi Mumbai with a bank loan (loan finished in 2010 by prepayment). The property is in joint name of me & my wife. The second property bought is in a SRA project which is on my name. The Third property is again bought in a SRA project where my in laws have invested & asked me to invest (the builder is family friend of them). This property is also on joint name of me & my wife.
I got married in 2004. Itís a love marriage. At the end of 2006, I got an opportunity to come abroad. So I purchased my first house. Once settled there, I called my wife to join me. By the end of 2007 she also started working here. I gave the power of attorney to my father in law to handle my NRE account as well as all my properties in my absence as I trusted them a lot. In 2009 my father in law took a loan of 2 lacs from me. In 2012 again took a loan of 3 lacs. None of which is paid back to me. The money has been transferred from my NRE account & joint account (what is the legal way to get your money back from such people). In 2011, I found out that my wife is cheating on me. After collecting all the proofs (emails, call details, phone recordings) I gave her a chance to save my marriage. In 2013, I again found her cheating (whatsapp msg) and finally decided to take divorce. My wife came back to India & tried to convince me by saying sorry & begged for one more chance. I denied it. After that she lodged a false complaint against me & my family members. I then applied for a divorce & asked my property papers which I kept with my In laws. They denied it straight away. Then Moved from their house to my first property which was rented for last 7 years (I have never received any rent for same as I was told that the money is used to invest somewhere). In her complaint she has mentioned that the first property is bought by her with the help of her parents. The second one is also bought with the money of her parents & I am denying her share. She has not mentioned anything about the third property which I bought from her family friend builder. I only have the Xerox copies of all my property papers.
My second property is not yet ready. Hence I get the yearly rent from the builder. But my in laws have gone to the developers and threatened them for giving them the rent cheque. They denied it but are scared to give me as my wife has threatened them with police complaint.
The third property is not even started as the project is delayed due to some legal issues. I doubt my in laws must have taken the money from the builder & thatís why not mentioned it in their complaint. When I asked them about it they said they will reply it in court.
I have all my salary slips, appointment letter, bank statements with me as my income proofs. I also have all the salary slips, appointment letter of my wife along with her infidelity proofs. The NRE account is only on my name & only my father in law was given the power to handle it which he did for his own interest. My salary was more than double to my wife salary. My only kid is with them and they are using him as a shield. He has been taught as not to talk to me.
I want to get back all my properties from these cheaters. I am ready to fight a battle for truth. I donít want to compromise anymore. Initially I agreed for the mutual divorce as I donít want to go through all the hassles of court & didnít want my family members to suffer from it. Since she has crossed all her limits in hurting me emotionally and financially I have decided to fight my case. Kindly suggest what should be my legal moves for it. I have already filed a divorce case. For which she has filed a DV case against me and my family. What can I do for the properties?
I am ready to give her 50% from the properties in the joint names. but she says as she has also contributed to the property which is on my name only. she wants 50% of that as well. Her share in all the properties was nominal compared to mine. I guessed the court will also consider the individual contribution in all the properties while sharing it.
The DV case is completely baseless as she just wants to misuse the laws against men in India. But she doesnít have any proofs for her allegations where as I have lots of them against her each baseless allegations.