Legal Question in Family Law in India

Property Taken over

My husband owns a house in bangalore. he purchased the property and built house on it with the help of Bank Home loan. we pay Rs 40000 EMI everymonth. it was very difficult so we planned to sell the house and pay back the home loan. But the problem now is MY husband parents, younger brother and younger sister stay there and are not allowing anyone to see the house if anyone are interested in purchasing the house. my husband is fed up of telling them to move out of the house. is there any way i can warn them to move out of the house. my husband is supportive to me in this regard but only thing is he cannot go and fight with is family members. can i fight against them on behalf of my husband?


Asked on 12/17/08, 5:25 am

4 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Property Taken over

First ask your husband to take the possesion and then file a civil court regarding a court commision.

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Answered on 12/17/08, 6:52 am
Nasir Butt Nasir Law Associates

Re: Property Taken over

hahaha, wonderful question of Asian woman. It is a common social problem in the region.

Owner has right to give permission to third person(s) either for incoming or outgoing.

Civil Court's remedy can be availed for their ejectment for the purpose of sale.

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Answered on 12/17/08, 7:44 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Property Taken over

Your husband is entitled to sell the house and may ask his family to move out whenever the sale transaction is likely to mature. You are equally entitled to pursue the matter being his better half.

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Answered on 12/17/08, 10:53 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Property Taken over

yes only if he gives your power of attorney to fight legally on his behalf

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Answered on 12/30/08, 8:26 am


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