• Joint property

I and my wife are joint holder of our house hold. In fact it is purchased from my salary and my wife is house wife. We husband and wife are having certain disputes. Now I am having doubt that my wife will throw me out from our joint house hold by police complaint or by dv case. So please give me guidance that is it possible to throw me out from joint house hold?
Asked 6 years ago in Family Law
Religion: Hindu

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13 Answers

No, she can't do that nor police can throw you out of your house unless n until court passes the order to give whole share to wife for residence purpose. For that also a case should be run in the court.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

No...She can't through you out from joint property because you are a co-owner of that property. 

Dowery case or 498A cases can't take out your right of ownership on that property. 

 

Aftab Patel
Advocate, Aurangabad
23 Answers

1. Well, though through the provision of PWDV Act the wife can oust her husband and in laws for protection order to enjoy the shared household, this type of order is very hard to come.

2. Anyway if you see there is such prospect then you can file a civil suit for declaration and seek injunction so your interests if half share remains intact.

3. Or settle the dispute amicably and sell the property t divide the sale  price equally between two of you.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Hello, 

She can just take the order to have residential rights and she can not throw you out of the premises. 

But if she levels serious allegations against you then a restraining order can be passed. 

There is no concrete law which follows, it all depends upon the facts of the case. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

She can't throw you out. And if you have apprehension you can sell your share to other person before dv case

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

No it is not possible to force you to vacate the house which is jointly owned by both.

And you cannot refuse her to stay in the house also. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You are joint owner  of house 

 

2) if full consideration has been paid by you file declaratory suit that you are absolute owner of property 

 

3) you cnanot be thrown out of house without court orders 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

It is not possible to through you out from your joint house hold.

Police cannot interfere with the civil dispute.

If she files DV or other cases their scope is limited.

Going by contents of your post, you are the owner of the property. 

If any untoward happens as apprehended by you, you can file a Declaratory Suit before competent court against your wife. 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

No she cannot throw you out of house.

Further to get complete ownership of flat you can file a declaration suit before court based on payments made by you.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you will have 50% share in your residential property, she cannot throw you legally. as a joint owner you also a joint owner. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Nops. You are absolute owner but sale deed is in joint ownership so to claim absolute ownership, have to file declaration suit.

Neither police has authority to evict you from house.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Dear Sir,

Even after a divorce, a separated couple can still own the house together for a period of time. Without an order from the court, one spouse would not be able to kick out the other. ... If you have been abused by your husband or wife, you are likely able to make your spouse move out of the home

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Since this is a jointly owned house she cannot throw you out of the house for any reason.

In that case you can obtain a permanent injunction against her restraining her from indulging in such illegal activities.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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