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 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
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.
you do not have to do any thing ,its buyer issue
Advocate, New Delhi
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.
Thank you all for your reply.
My question is, as we are staying together, in her absence, I am planning to vacate the house and handover the vacant position to the buyer. Before the buyer gives it on lease, during this vacant phase, if she creates nuisanse, can the buyer take help of police. She may not go to that extent but, as a precautionary measure I am asking. The buyer had helped a lot during clearance of the bank loan. I dont want him to run into trouble. Thanks in advance.
Asked 3 years ago
yes if want but its being a civil dispute they have only persuasive authority
Advocate, New Delhi
Yes the buyer can take police help to enter in his property.
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
Your buyer can take police help.