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I am a 42-year-old Bengali man living in Pune, married for 18 years. My wife is a homemaker with no ancestral money or property. Five years ago, I purchased a flat entirely from my own savings (without any loan). However, to avail a 1% rebate on registration charges, I registered the flat in her name. Now, she is asking for a divorce without claiming maintenance, as she wants to marry someone else. I am willing to agree to the divorce, but I would like to know if I can get the flat back. My lawyer says it’s not possible. Please advise.
You can try to get the flat back, but legally, since it's in your wife's name, she is considered the owner, even if you paid for it. Your best option is to settle this during the divorce. Ask her to sign the flat back to you through a gift deed or sale deed as part of the agreement. If she refuses, you may need to go to civil court, but it's difficult. For further legal assistance contact us on our helpline number.