• Property issue

I have family issue going on and I am out of India right now and my husband has done many harrassment till now. Now if i want to secure my home in India..how can I include my name in that property.?Because our home is the result of family hardwork,not only my husband can decide anything wrong.
Asked 3 years ago in Property Law from United Kingdom
Religion: Hindu
1) if your name is not reflected in property documents it cannot be added in your name without husband consent 

2) if your husband is owner of property he can execute gift deed in your favour 

3) you can file domestic violence case and seek right to stay in your matrimonial home or alternative accommodation 

 4) you cannot claim any ownership rights in husband property 
Ajay Sethi
Advocate, Mumbai
46718 Answers
2763 Consultations

5.0 on 5.0

1. Who is the current owner of the house which you want to secure and include your name in?  If you are not the owner of the property then you cannot obligate the owner to make you the joint owner.

2. You can remedy harassment by seeking restraint order and compensation by filing a case for domestic violence in the court against your husband.

Ashish Davessar
Advocate, Jaipur
23120 Answers
640 Consultations

5.0 on 5.0

You already have a right to your marital property. If you have minor children then such right is further established. If you can show financial and/or monetary contribution towards any self acquired property then you stand as part owner to such property.

But from what you say it seems to me that the subject property titles are in the name of your husband. In such a case rather than approaching the matter in form a of a title suit you would be better advised to claim the house under a divorce petition. 

But this can happen only if your marriage according to you has broken down to a level where divorce seems to be the only option. Otherwise if you are looking for a settlement without the animosity that a court based litigation  entails especially a divorce Petition then you may also consider the option of settling through Lok Adalats.
Saptarshi Banerjee
Advocate, Kolkata
220 Answers
4 Consultations

4.5 on 5.0

Well. you can force your name in the property more so when you are out of India right now.
If your husband is in india now and is going to execute the sale agreement then you can ask your name to be included in it but can not force your way either legally or otherwise.
If you have made some payment to the seller out of your own a/c then you can ask the seller not to execute the deed in your absence and to wait till you come to india.
Devajyoti Barman
Advocate, Kolkata
13135 Answers
174 Consultations

5.0 on 5.0

Hi, if the property is in  the joint name he can't sell without your consent.
 2. From your narration it is not clear who's name property was there then we can advise properly.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1. Your query is not clear vat all,

2. Does you husband own any property standing in his name?

3. If yes, then you can not add your name as the joint owner in the said prperty without his active consent,

4. Against his reported harassment, you can file DV case and/or lodge police complaint u/s498A of IPC.
Krishna Kishore Ganguly
Advocate, Kolkata
18749 Answers
453 Consultations

5.0 on 5.0

You can convince your husband to gift you 50% of the share in the property and if he executes the gift deed in your favour, then you will become the joint owner of the property and will have equal say in all the matters, along with your husband.
Shashidhar S. Sastry
Advocate, Bangalore
1649 Answers
109 Consultations

5.0 on 5.0

Who is the owner of the house and who's name reflected in title deed certificate of the property .If the property is in your husband's you may approach Judicial magistrate court and file petition under domestic violence act seeking remedy in terms of restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household; and restraining the respondent from alienating or disposing of the shared household or encumbering the same.
Ajay N S
Advocate, Ernakulam
2818 Answers
47 Consultations

5.0 on 5.0

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