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  • Law of allowing guests in a joint property

Me and my husband have a jointly owned apartment, i am residing apart from my family due to some family problems, my husband is not allowing me enter my apartment. Instead he call our relatives to stay over there without even letting me know about this.... Later with social media resources I found the fact... What should I take action to stop guests come to my home without my permission
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

If property is jointly owned by you than you can make complaint in the police station and without your permission no one should enter in your premises area.

 

You put Notice Board that strangers and/or trespassers not allowed to enter in premises by owner permission.

And at bottom of the notice your name.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See there is no law as such in such family matters if there are some.guest you do not.want them to.come.you can either talk to your husband or in case they are harassing you take injunction order against them since husband is joint owner he has also equal rights in the property so you and husband need.to resolve the difference or.you need to.file police complaint against him.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Your husband is co owner of flat 

 

you cnanot restrain your husband from bringing  in relatives to stay over night 

 

ideally he should consult you before calling relatives 

 

visit a family counsellor with your husband to resolve your differences 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hi,

You are suggested to send legal notice to guests as well as your husband to stop the nuisance and thus mental torture to you. If not stopped by them, file case for injunction and compensation against them.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Dear client,

Without partition of property, it is not possible. You may make rent or lease agreement with the other owner as per your choice mentioning the desired and proper terms and conditions. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

This is my response to you:

1. Since you are a joint owner of the flat, you must send a legal notice to your husband;

2. If he does not listen then obtain an injunction order from the court;

3. Consult a local lawyer, discuss full facts and then take legal steps.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

1. You can lodge a police complaint immediately if your husband restrains your entry in to the house jointly owned by you and your husband.

 

2. A husband can not restrain entry of his wife in to the house where he is living.

 

3. The nhouse is jointly owned by your husband also for which you can not object as per law if he allows some of his relatives to stay in that apartment as his guest.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

the co-owners have equal rights in the property. 

issue a legal notice through an advocate to your husband and file suit and obtain injunction order. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

In the jointly owned house you have equal rights in the property.

Instead of remaining outside the house and planning to prevent your relatives staying in that house, you better get inside the house and dont allow anyone entering into the house.

If he is not allowing you inside you may take the assistance of police to gain entry into the house.

In the event of police not cooperating you may approach civil court with a suit for mandatory injunction restraining him from preventing your entry into the house.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You have every right to call any of your friends or relatives.  If he objects you can approach court under domestic violence Act

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

you should start living in your own apartment, which is in your name, jointly.

once you started living there, no one dares to reach there without your permission,

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Complain to police for wrongful restrain. Property jointly owned by you. You have claim over it. And if any relative come and stay cal the police for trespass and molestation after barging in house.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Madam

You cannot stop your husband from inviting the relatives till you are not Residing in that home. 

And for stopping relatives to enter your home you should first get into that home and for that you can file a complaint Under section 12 of Domestic violence act in Which you pray court to give order for your residence in that home As well as protection.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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