Legal Question in Civil Rights Law in India

Hi,

Due to domestic violence husband and myself are sepearted .Husband had entered into lease agreement and later on an an force i had sign after the monetary transaction was over and fighting legally in filing the complaint and now the case is running in court.

But now the property is under process of auction by Bank and lease person has filed the case in civil court for his 10 lakhs. I doubt husband and lease person are become one and playing somethig

Please [email protected]


Asked on 3/12/14, 2:16 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

12.03.2014

Dear Lakshmi,

You and your husband have consented to the lease agreement of your apartment / bungalow / chalet / flat / house / mansion jointly owned by you and your husband; and you both have accepted a sum of Rs. 10 lakhs from the lessee as Security Deposit / Lease charges for the entire duration of the lease. Since there is an outstanding loan amount on the property, the bank has followed due process of law to take custody of the apartment / bungalow / chalet / flat / house / mansion and are now in the process of conducting an auction. Despite your doubt and suspicion whether or not your husband and the lessee have colluded together, the bank will sell the apartment / bungalow / chalet / flat / house / mansion and first recover their outstanding loan dues from the auction proceeds, next pay off the Rs.10 lakhs to the lessee, lastly recover all the auction expenses and related legal costs, and should any excess amount remain thereafter, give it in your joint names if the marital discord case then still remains undecided, and if decided, in the name of either your husband or you as ordered by the Court.

Regards,

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Answered on 3/12/14, 3:50 am


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