Dear Querist
My opinion on your queries are as under:-
1.What is the right of my husband in the said flat?
Opinion:- being the joint owner of the flat he has right over the flat but immediately file a maintenance case for the children under section 125 of Cr.P.C. and claim maintenance for children, he has to pay the maintenance.
Can I claim at the time of divorce , for giving me all the rights in the said flat as he is not paying anything?
Opinion:- if he is not paid any amount then you may file a civil suit for declaration before the court and delete his name from the documents of flat.
2.Can I claim maintenance for my children from my husband?
Opinion:- yes, you can U/s 125 of Cr.P.C.
3.Can I let out the flat on rent without my husband's consent?
Opinion:- yes, you can.
4.Can I file divorce case against him now?
Opinion:- yes, you can file a divorce case against him before the family court based on cruelty U/s 13(1)(ia) of Hindu Marriage Act-1955.
5. Your mother may file a civil suit for recovery against him before civil court.
Feel Free to Call