How long will court take to resolve house ownership dispute?
I purchased a house using my income but registered it in my wife’s name in 2016, as she is a housewife. The total price of the house was Rs 1.09 crore, with Rs 96 lakh paid from my personal account and Rs 14 lakh paid from our joint account. From 2017 to 2023, I have been paying property tax, maintenance, and repairs from my account, and I have all the transaction details and evidence to support this. The property was registered in her name to save on stamp duty. Currently, there is an ongoing dispute between us, and I have submitted a declaration of ownership and a stay order under Section 7 of the Family Court Act in the District Family Court, Surat, Gujarat. Could you please clarify the following: 1. How much time does the court typically need to settle such an issue? 2. Since all evidence has been submitted to the court, how soon can the ownership be transferred to me? 3. What legal options can she use to retain ownership of the house?
The court may take several months to a few years to settle the dispute, depending on its complexity. Despite submitting evidence, ownership transfer will depend on the court’s decision and legal arguments. Your wife can contest the claim under the Benami Transactions Act, argue that the property was a gift, or assert her marital residence rights to retain ownership.
Sir, to resolve the issue, you will need to present proof of your financial contributions and show the intent behind registering the property in your wife’s name. If the court accepts your evidence, they might transfer ownership to you. Your wife could argue for sole ownership since it's in her name, but she’ll need to back that up. The court process could take several months or even years, depending on the case. For further legal assistance contact us on our helpline number.
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