Legal Question in Real Estate Law in India

Sir. Me and my husband are joint owners of a house.my husband ran away to abroad by taking all the orgnal documents of the house like sale deed.and i heard that he had done second marriage.but the house is under my(physical) possesion(i hav given it on rent) nd that rent is the only source of income .but its not suffcent for me and my daughter(14 years).. Now it has been almost 5 years my husband is not in contact wid us.

Now the problem is i want to sell the house . How can i sell it? And my husband second wife can claim his share in the house( as my husband baugt house before doing second marriage)? And can i ask my husband share for my daughter future?(marriage).can i claim maintnce for me and my daughter( i dont want to give divorce)..i have his old GPA which is not registerd. Can i sell by using that? What should i do sir?


Asked on 9/09/13, 8:57 pm

2 Answers from Attorneys
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

At present you are staying in that house and have possession tights. Legally speaking, the GPA of immovable property should be registered. Rest is upto you.

Thanks & Regards

Adv Rajiv

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Answered on 9/09/13, 9:38 pm
Fca Prashant Chavan Expert Edge LLP

10.09.2013

Dear Madam,

Legally, your husband cannot remarry without divorcing you. Don't simply go by hearsay, because whenever a man is doing well and earning well - be it in India or abroad, the people acquainted and known to him or you in particular, and the Society in general, find it very hard to digest your progress; and out of sheer jealousy, they look for ways and means of demeaning your man in your own eyes, by speaking any nonsense and rubbish about him. These very people will only talk, will never shell out a penny in your times of need, so if you listen to them, you will unnecessarily be demoralized. Have faith in what you do and in your husband. Since your daughter is already 14, you should ensure that you too are financially independent by fetching yourself a job, or doing your own small business to be self employed, in order to supplement your lease income from the flat. The GPA is invalid and meaningless. I do not see any way in which you can sell the house without your husband's written approval and consent by him and you signing on the sale agreement in future.

Regards,

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Answered on 9/09/13, 11:25 pm


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