Legal Question in Real Estate Law in India
I am persuing divorce case, which i hv filed in 2008, when i filed my case, my wife was residing where me and my kids are presently residing. it is my mom house, me and my kids are residing at ground floor, and she was residing at first floor alone. kids are not residing with her.
i have one three bed room cum one leaving and dinning room flat in dwarka, till last year jan 2009, it was on rent, the day she came to know that my tanent has left, next morning she entered by breaking the lock and since then she is residing there, that flat is purly in my name, and i am paying Rs.15000/- p/m home loan installment since i bought it.
in jan 2009, she send me a legal notice, so that i can not sell it, but court did not give her stay for not to sell it.
she is working lady, and getting HRA from UNITED INSURANCE COMAPNY.
I have my kids education responsibility, my daughter is going to appear in 11th standard, and my son is studyingin 9th standard. my 72 yrs old mother is also residing with us, so due to heavy expanditure burden, i am not able to pay 15000/- installment. and I would like to sell it now. she is still residing there only.
and other way, we never told her to quit previous house., and she did not took his house hold goods with her, and there she bought all the new furniture and other household things and residng all alone.
my question is can i sell the flat, as court did not give her stay for not to sell., she has again requested to the court by replicating the case. next date is in may 2010.
due to limited salary and my kids and my mother responsibility, i am not able to meet the financial matter, earlier it was on rent, and i was managing by getting a rent. now It is an additional financial burden on me,
or
can i demand market rent from her??
please advise better solution, so that i can manage the things, and can get financial support.
thanks and regards
1 Answer from Attorneys
you can sell it out but plz clear whether there is any stay in the case pending for may 2010?.
plz also specify about her other house.
Regards