► My husband has purchased a property on my name 2016, his job in gulf country, the payment 1CR from his personal NRE account and remaining 15Lkh paid from we both join NRO account to builder directly. I am housewife so no income source.
In 2023, Income tax notice has been issued to me about property purchase, so I have declared that I am housewife only no any payment from me to purchase of this property, since my husband is NRI, he has purchased the property and used my name just, all payment to builder from his income from gulf county only. During registration time my husband is not presented in India so I went to office and registered on my name only, so income department declared the same and not any tax applied on me.
Further 2016 to 2023, society maintenance payments, house repairing, house tax and necessary Furnitures payment also from my husband only.
This property was on rent, the rent payment regularly transferred to my husband account by tenant.
My husband has available all above documents i.e bank all transactions, duly signed income tax declaration by me and income tax accepted my declaration of also saying that you did not any contribution about purchase of this house so there will be no tax related to this property.
Now we are in dispute and near to move divorce situation.
My husband had filed ownership declaration and permanent injunction suit to family Couty under sec 7.
The summons from court is coming to me and tenant name but we both not receiving yet.
1) Since property sale deed on my name only, but submitted all documents the court judgement can go favour to husband?
2) How can I fight to this case to hold of property?
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3 answers
3 Answers
Firstly please take advice of good CA and then the Lawyer and then seek advice again once you move forward basically after taking advice of CA and the advocate.
Dear client, based on the question I cannot advise in detail as I am not aware of contents of the notice. Therefore, based on the available evidence I can venture an informed assessment that the case may very well rule in your favour and further you can contact the assessing officer who issued the notice to clarify the same. Kindly note that the advice is not ironclad as the information is incomplete. Kindly contact us further assistance or discussion.
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