Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
  Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 8851046564

Author Topic: Back tracking on property transfer after divorce  (Read 331 times)

0 Members and 1 Guest are viewing this topic.

Offline neeraj12345

  • Newlaw
  • *
  • Posts: 1
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Back tracking on property transfer after divorce
« on: August 13, 2018, 01:25:20 AM »
My sister got divorced couple of years back. both she and her husband are officers in Indian Army. There were two flats which they took on loan. both were on her husbands name and he pays the EMI with his salary while they used her salary for all household and other expenses. 6 months prior to divorce during settlement, they agreed (on a legal paper) that one of the flat will pass to her. it could not be transferred immediately as it was under some army scheme and need to be registered in Husbands name first upon completion and only then it could be transferred to her. he has been stalling the registration since couple of years on some excuse or other and has got it registered in his name now and refuses to transfer it to my sister. On the final papers during divorce (6 months after the settlement agreement), they mentioned that all the settlements are done (though the flat settlement was not done as it was not complete for property registration ). All the legal proceedings were done by husbands family lawyer who represented both the parties and not sure if he did it intentionally. My sister did not have any legal contacts and signed everything on good faith as didn't expected this.
Now there are 2 legal papers, one pre-divorce settlement (6 months before divorce) which says that she will get the flat. Other, final divorce paper which says that all settlement is done.
Can she file a case of cheating to get her rightful share what was agreed during pre-settlement? What are her options? Kindly advise.


Offline kalaskarkk

  • Veteran at Law
  • *****
  • Posts: 429
  • Karma: +4/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Back tracking on property transfer after divorce
« Reply #1 on: August 14, 2018, 05:29:37 AM »
Dear Sir,
Your sister can bring the above anomaly to the notice of the court by filing a miscellaneous petition and even she can file a contempt case.  The husband and his advocate played fraud and not transferred and now refusing to transfer the flat for which she is legally entitled. This can borne by record itself.  Thus you have a merited case.


Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
Call me for clarification

Free legal Advice - lawyers Forum


File a Consumer Complaint
Property verification
Call: 9873628941

Lawyers in India - Listed city wise Mumbai
lawyers in London
lawyers in Birmingham
lawyers in Toronto
lawyers in Sydney

lawyers in Milan

Delhi - New Delhi
lawyers in New York
los Angeles
lawyers in Dhaka
lawyers in Dubai

Copyright Registration
Ph no: 9891244487

For Mutual consent Divorce in Delhi
-Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service is Copyrighted under the Registrar of Copyright Act ( Govt of India) © 2000-2019
Get Free legal Advice here from top notch lawyers in India