I have purchased the plot on wife's name
Case1: My wife is a house wife(does not work anywhere) and studied PG. We have 2 kids.
I was in USA and sent money to my wife asking to purchase the plot. My wife has withdrawn the money using the cheques and purchased the plot on her name.
I have evidence of bank statement in which her name is clearly mentioned where she withdrawn the money. I have g-mail chats as well where we were discussing about the plot and cost details. I never sent the money to the seller by cheque/online transfer and I was never in touch with the plot seller. Now the plot cost has gone very high.
Case2:
At the same time she used to withdraw the money and purchased the gold as well and kept the gold at her father’s residence. I have evidence of bank statement in which her name is clearly mentioned where she withdrawn the money. But I do not have any gold receipts. At the same time she has done the forgery as well on some of my cheques.
Now she has taken the 2 kids and sitting at her father’s residence and claiming that she has purchased the plot and gold with her father’s money.
In the sale deed it is clearly mentioned that she is a housewife(Saritha w/o Ranjan) and my current residence address.
I have only the bank statements g-mail chat history as an evidence. My wife is not ready to register the plot on my name.
I need plot on my name legally. Is it possible for me to get the plot back on my name?.
Kindly guide me
1 Reply
Dear Sir,
You need to sort out the paper trail first. Please put down on file:
1. yearly bank statements of the account from which you transferred money to your wife. (at least one year prior to year when this fraud occurred + year of fraud)
2. Printed transcripts of chats along with screenshots of your account for timestamp and authenticity.
3. Attested bank statements regarding issue of cheque-leaves or cheque-book (relevant to account for which cheques were allegedly forged)
4. Approved specimen signature from bank + accepted photo ID which contains similar signature
Next, you MUST hire an advocate who is well versed in matrimonial law, property law and economic offences in the city where your wife currently resides OR where the fraud was committed OR/AND where plot is located. Instruct your lawyer to send her a strictly worded notice highlighting, among others, the consequences of criminal proceedings for forgery and high expense of civil litigation. DO ask the lawyer to include a reasonable compromise where she can still keep some interest in the property (perhaps, a life-estate if you will be so kind). In the long run, it just might be far more prudent than long drawn litigation.
Before you actually initiate legal proceedings, be mentally prepared for the time, stress and expense involved in them. Further, be sure that you will be satisfied with the outcome you wish to pray for before the courts (civil or criminal remedies).
Although this might sound a bit irrelevant to the limited set of facts given here, kindly try and resolve any personal issues you might have with your family first. Any matrimonial litigation is bound to become acrid and venomous as time passes and many skeletons you wished to hide might come tumbling out of your closets.
But if you are certain that an adversarial approach is your best bet, then you could press criminal charges for the forgery case, a civil suit for the property fraud (based on principal-agent contract that could be evidenced in the transcripts). Adopt a full-disclosure approach with your advocate and don’t try to hide facts.
Good luck and god bless you.
NB: Once you do engage the services of an advocate, kindly don’t second guess his/her advice by trying to piece together bits of information gathered in fora such as these. Its neither beneficial nor appreciated.