Legal Question in Real Estate Law in India

Hello Gentlemen,

My wife has filed a Divorce case against me in Mumbai in 2007. The matrimonial Home was bought on loan which I took from ICICI and is lying vacant now. She was made a second name in the agreement and society share certificate. I have the property papers and the keys in my possession. I am currently stayng out of Mumbai but only stay there on my visit to Mumbai to attend court once in a month.

My wife has restrained me from giving it on rent by influencing the office bearers of the society. I approached the Registrar of societies and they gave a letter saying it should e decided between the parties concerned .

I need help on following-

1. Can she forcibly occupy the property since its lying vacant without any legal implications?

2. What legal action should I take to prevent her from doing so ?

3. Is there a way to give this on rent ?

Regards,


Asked on 4/12/10, 8:38 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as per law, the wife is only entitled for residence but she cannot claim the ownership or share of the property of husband until he is alive. she can seek residence orders under DV act but in case she forcibly occupies the flat, you may file a suit for possession and also file a criminal trespass complain against her. you may give the same on rent unless you were restrained by court orders.

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Answered on 4/12/10, 10:55 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

1. Yes, she can go and reside there IF she does not have any other place of residence.

2. A complaint of criminal tresspass may not be maintainabe against your wife if she forcibly take possession of the property.

3. The better way for giving the property on rent could be either by seeking court's permission or after settlement of maintenance with her.

You should try for an amicable out of court settlement to bring an end to the entire dispute. The litigation may be costly and time consuming.

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Answered on 4/18/10, 5:28 pm


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