• Vacating a Residence

our family lives in a house for the past 10 years. This was bought after my marriage. The property was in the name of my mother and me. We have mortgaged this against our business for which my wife is managing Director and sole authorized signatory for all bank transactions. The business incurred losses. Because my self and my mother were the owners of the mortgaged property we were served auction notices. We settled with bank for one time settlement and cleared the loan completely 2 years back. My wife, though she has authority as MD, she did not pay single rupee.
In this process we had to sell the house, for which my wife was opposing. Without her concern we had to sell the house to clear the bank loan. Now after 1 year of the sale registration also my wife is not willing to vacate the house. The new owner is putting pressure on me as we are not even paying rent for the past 2 years.

As We are all living together, can I vacate the house in her absence? Is there any way that she can create problem if I vacate the house in her absence?
Asked 3 years ago in Property Law from Hyderabad, Andhra Pradesh
you have already sold the house . deliver vacant possession of the house  to buyer . if your wife does not vacate let purchaser file suit for eviction against her . she has no rights on said house
Ajay Sethi
Advocate, Mumbai
36481 Answers
2031 Consultations

5.0 on 5.0

as you said, the property was yours and you sold it. your wife cannot occupy the premises legally. the buyer is free to proceed for eviction of your wife in accordance with law.
Tulika Prakash
Advocate, Gurgaon
113 Answers
76 Consultations

5.0 on 5.0

you do not have to do any thing ,its buyer issue
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

3.5 on 5.0

The ownership of property belonged to you and have sold it in exercise of your ownership rights. As a corollary thereto, your wife could not have overstayed in this house for a moment beyond the sale of house. The subsequent owner can file a case for eviction against your wife. You are not liable in any manner.
Ashish Davessar
Advocate, Jaipur
21589 Answers
579 Consultations

5.0 on 5.0

yes if want but its being a civil dispute they have only persuasive authority
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

3.5 on 5.0

Yes the buyer can take police help to enter in his property.
Ashish Davessar
Advocate, Jaipur
21589 Answers
579 Consultations

5.0 on 5.0

buyer can take police help as he is bona fide owner of property . he has purchased property through registered sale deed .  your wife cannot create obstacles in his possession of property
Ajay Sethi
Advocate, Mumbai
36481 Answers
2031 Consultations

5.0 on 5.0

Your buyer can take police help.
Girish HT
Advocate, Bangalore
21 Answers
2 Consultations

4.7 on 5.0

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