Hello, I am a married female of 32years age. My issue is that I am the only heir of my parents. Both my parents were I'll at the time of my marriage so I was married into my mother's distant family(my mother's maternal uncle's son to be precise). My father left behind a will that states I am the sole inheritor of all his property. My husband left his job and started a finance business knowing well that he would get all the financial support from me. I did help him with whatever cash that my father left behind but he did not give me any details of his investment neither did he invest in any business. Now he has mortgaged a property that was in my father's name since he was in need of lumpsum money. I never questioned him all along until now when I needed to purchase some gold for my only daughter born in 2019. He kept postponing it and whenever I ask him to return my money he starts giving reasons and saying I will return everything surely one day. His repeated false sermons don't seem to stop and I am still worried whether I have to live false hope. Kindly help.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
Your father property could not have been mortgaged without your consent as you had inherited father property
2) if you had signed the papers you cannot complain
3) if you are subject to dowry harassment you can file complaint under section 498 A of IPC read with section 2,3 of dowry prohibition act
4) also file DV case against husband seek alternative accommodation, maintenance and compensation for mental torture undergone by you
1. I do not think your husband is hing to return your money anytime sooner than later.
2. It is your mistake to encourage your husband to fall back upon your money whenever he needed it in stead of letting him manage or earn his money.
3. He has understood properly that you could be be fooled easily and hence I do not think unless there is any change of his heart he is going to repay the money.
4. You have however got lot of legal remedies but those will break your marriage and get some money after a long drawn legal battles.
So decide accordingly.
Yes, he is laying with you.
If he really has any business and his investment or loans or FD etc you will come to know from his CIBIL records. And you will come to know from his PAN card from CIBIL reports.
1. your query is not legal rather social,
2. you should talk to your husband regarding the issue to secure a happy married life,
3. since he is using your money, therefore, you have every right to ask about the investments,
4. if the problem continues despite your efforts then think for the legal options
1. In the aforementioned circumstances, you will not be able to conduct any Legal proceedings against your own husband, since that will break up your family, more so since your daughter is only 1 one year old only.
2. You can stop /refuse financing his business needs and tell him to do it independently without any reference to you. Whatever money you have invested has to be literally forgotten.
3. Revoke the Mortgage of the House that was mortgaged for his business needs. Apprehensively Husband is not experienced in all this things and would waste old family resources & money, which is highly improper, looking at future times.
4. Execute an WILL for all your properties in favor of only your daughter, foreseeing any untoward circumstances.
5. Transfer /Gift some property in name of Child and atleast secure your child's future as a Mother.
Dear Madam,
You must be serious in the matters of money transactions between you and your husband. He might be knowing that entire property of your parents comes to you. If you do not take the matter serious then one day you will get transfer entire properties in his name. Have consultations in person to take further steps.
1. See husband by himself cannot mortgage the property if you have signed the deed and got him loan then in that case the mortgage is correct and you cannot claim from husband though if he is harassing you and subjecting to cruelty you can file a complaint and FIR before the police.
This is a clear case of fraud. You can file a complaint/FIR to the concerned police station for the same. You can also file domestic violence complaint against him
First of all you have to find out a solution which is applicable to both of you as you are one family in case you are taking any legal action that may create differences between both of you and if you are feeling that he is not wasting the money and not incurring losses in the business then you may supported but of course you have to save your interest so that you can get the amount of Return out of the investment you may enter into an agreement between you and your husband for the lending of money or using the money for this investment purpose and you have to define the share holding pattern as well you can get the business registered with Registrar in case you need so that you can control the affairs of business as partner so far as the legal option in this case is concerned in case there is any misappropriation of fund from your account without your permission that can be taken up with FIR in the police which is definitely going to create lot of trouble in your married life take your decision confidently and patiently so that it should not create any marital issue between you and your husband good luck!!
He become use to of getting money easily from you. His jest to make effort and earn his diminish. No surprise if he may default in loan repayment and resultant auction of your house. You should not support him this way.
Keep your financial independence intact and so the house if case, you need to get separate (hope not) from him. Loan must be applied in your name ? since property is yous.
Be stern and demand where the money used. And if possible, don`t let him use the loan amount.
How could he mortgage the property which is in your name?that means you consented to it. You should not give him any money as he will spend it on things not related to any investment. Also don't tell him about anything related to your property or cash.
It is for you to decide about this subject matter.
It is your husband and it is your married life hence any decision taken against him may adversely affect the relationship between you both.
If you are ready to face the consequences then you can very well issue a legal notice to him demanding the property that he had taken from you for mortgage purposes and other money he had taken from you.
Dear Madam,
There are several enactments in favor of married women. You must show heat of the litigation to your husband otherwise you cannot sustain in such unbearable atmosphere. You can file Domestic Violence case.
file Domestic Violence case seeking following reliefs:
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
If your husband mortgage your inherited property without you consent then you can claim.
If you signed on mortgage property documents then you cannot claim same.
Alternate you can file harrasment complaint against your husband .
1. If you dont want to get into legal fight with your husband then just refuse to provide any further help to him so that he must learn to get out of this mess himself.
2.. If you want to take legal action for teaching your husband a lesson you need to file some cases against him.
3. First is that you should file a case for judicial separation form husband which is not divorce but only separation till thing doesn't get normal again
4. Second case can be under Domestic violence act specifically quoting the grabbing of money from you and mortgaging of properties forcefully. Or you can file case for maintenance of your daughter and yourself so that he can learn some responsibilities towards family.
Did you sign on the property mortgage documents?
1. Your husband is not a Class 1 heir to your father and your father bequeathed all his property to you. How did your husband then mortgage the property of your father without your signature? Did he forge your signature or obtained your signature through misrepresentation?
2. Be that as it may, from the facts mentioned by you the maximum which you may do is file for dissolution of marriage and also declaration of the mortgage deed as void.
