• Family property

I am not legally separated from my husband , I am living separately though. Two years ago when we were living together I bought a house , all payments are made by me from my salary account . I have also taken loan ,paying all the EMI’s by myself . 3 months ago I left the house due to disturbances with my husband. My husband is living in the house currently. Do my husband can create any sort of legal hinderence in the selling the house , if yes please suggest some measure...
Recently he has also send me notice under hindu marriage act , right of conjugal.
Asked 7 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

15 Answers

The house belongs to you and hence he has no rights over it. You can send a legal notice to vacate the house or face criminal proceedings. Rcr notice has been sent by him therefore you should appear in court and explain why you are not living with him. If the court finds it reasonable it can dismiss the application. This can also be a ground for divorce.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

No the house belongs to you only and if you don't wish that your husband to live there you can file eviction suit you eat your husband from the house as that is belong to you only but since there is no dispute between you and your husband in court this is not the right time to go for this first you have to file a divorce petition and then you have to clean the house to live in the property is yours and you are the rightful owner of the property and without your permission your husband cannot live in that property

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

See your husband can create hinderence in vacating the premises though title is with you. You can now only ask your husband to vacate the premises. Further for time being you can reply to his notice that he has behaved with cruelty with you therefore you are not willing to restitute the conjugal rights.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello,

Of the property is in your name , you can send him notice to quit the property through your lawyer if not complied file a suit . However if it is your property you can sell it to anybody.

RehrdsR

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

1) If the house is on your name than he couldn't sale it.

 

2) He had send notice to you to live with him married life.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Since you are the owner of the house, you alone are the lawful owner of the house and no one can take away this from you.

2. Now you can claim this property from him . Even if you did not have this property  then also you were entitled to stay on the property owned by your husband in a proceeding under PWDV Act.

3. So you can file such case and claim the house form him.

Devajyoti Barman
Advocate, Kolkata
23657 Answers
538 Consultations

1)he can sale but you can file a suit to declare such sale deed if you can. But you have to show that you have given the all considerations for the purchase and your husband has contributed nothing as he didn't had any source of income at the time of purchase of property or he anyway hadn't given a penny for the purpose.

2) Under section 9 of hindu marriage act restitution of conjugal rights is permitted. If husband has sent you the notice that means he is calling you back in the matrimonial house. It is upto you whether you would like to join him or not. If you do not wish to continue with the husband, divorce is the only way because without any valid reason you have no right to stay away from matrimonial house and the husband will file these petitions to call you back. If you are suffering mental or physical cruelty, lodge a police complaint or file for a petition under domestic violence act which also grants for compensation, interim maintenance and separate residence at the expense of the husband. 

Mohammed Mujeeb
Advocate, Hyderabad
19346 Answers
32 Consultations

No he can't even you can stay at the said house

Prashant Nayak
Advocate, Mumbai
34594 Answers
249 Consultations

1)issue legal notice to husband to vacate the house 

 

2) if he refuses file eviction suit against husband 

 

3) contest RCR case on merits filed by husband 

Ajay Sethi
Advocate, Mumbai
99882 Answers
8150 Consultations

Dear Madam,

It it is standing in your exclusive name then get the possession of the same and lease it or rent it to somebody else.  File a suit for eviction against your husband if he is not vacating smoothly.  Give fitting reply to RCR petition and see that it is rejected.  

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

its your property. you have paid for it

you can sell it anytime you wish

but your husband may create hindrance by not vacating when you require

in that case you will have to pursue legal action against him for his eviction

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

Dear Client,

Husband has no claim in your property but if you sells and possession delivered, he may create nuisance as living in it. Complain the police that he forcefully in possession of house and dragged you out.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

If the house property has been registered on your name then it will be your own and absolute property.

Your husband cannot claim any share in it as a right.

You can very well sell it to anyone of your choice.

 

T Kalaiselvan
Advocate, Vellore
90083 Answers
2502 Consultations

1. If it is your house then you should not leave it in his possession. 

2. You are the title holder of the house if the sale deed is executed in your favour. Your husband does not have the right to even reside in the house except with your permission. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Since property on your name, he cant create legal hindrance. He has initiated right of conjugal, wait till the order comes.

Anyhow personally, Talk to him in nice atmosphere and amicably sort out the difference, if possible. 

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer