Anand Kumar
Asked April 06, 2020

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Husband purchased flat and registered sale deed in joint name husband & wife on March 2014, but husband has paid 20% via online net-banking to the builder and rest 80% amount took bank home loan in joint name, but husband has paid all of home loan EMI via online bank ECS deduction from salary account. Now Wife filed Divorce. Now husband wants to get 100% flat ownership and possession ( now wife is staying the Flat). Whether husband can use Benami act 2016 Section 2(9)(A)(b) Exception (iii) to get back 100% share in the property . There is one Delhi high court judgement Manoj_Arora_vs_Mamta_Arora_on_7_August,_2018 . Please suggest .

Answer 1

Husband has to file suit for declaration and possession in civil court. According to me benami Act can not be invoked in this case .Only civil court can evict the wife.Property disputes can be settled in matrimonial court but can not be decided by it 

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