• Marriage and property related

Husband bought property which is registered solely in the name of wife, husband paid downpayment, and paying emi as well, husband is doing job in mumbai and property was purachased in jamshedpur , native place of wife. Marriage was done in nov 2018 and after that wife never came to husband in mumbai, wife was already divorced earlier and has a daughter 12 year old.
Now as the property is in name of wife and husband is in mumbai, property was rented by wife and she is receiving the rent. Wife came to husband to mumbai 2 times during this whole period after marriage and that is also just for 3 days for both times.

Now wife is not coming to mumbai and if husband is planning to go to jamshedpur then she is not removing the tenant from the property

what are the legal.rights of husbnad here??

can wife sell the property without husband's approval??

can husband take some stay order so that wife can not sell it??


can husband remove the tenants from property legally??

as wife is metally torturing husband , can a case be filed for metal depression from husband side rhat can send her jail??


can this be considered as fraud from wife side??cab husband do a fraud case on wife that wife is no letting husband to live in the same flat purchased by him??


what all other options husband has here??
Asked 14 days ago in Property Law
Religion: Sikh

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52 Answers

1) husband should file declaratory suit that he is absolute owner of property 

 

2) seek injunction restraining sale of property by wife 

 

3) seek orders to direct deposit of rentals in court 

 

4) file for divorce on grounds of mental cruelty 

 

5) wife refusing to stay with husband amounts to mental cruelty and is ground for divorce 

Ajay Sethi
Advocate, Mumbai
75800 Answers
4532 Consultations

5.0 on 5.0

1.  IF Husband can documentarily prove that he has funded the purchase of property  AND he has to further prove that Wife did not have any fund source to purchase property (via Income Tax Returns of both persons), THEN Husband can file a "Declaration Suit", in the local Civil Court, to get order that Husband is Owner of Property and that his name should be replaced instead of wife in the Revenue /Municipal records.

2. IF Wife is creating problems, amounting to Cruelty, Physical & Mental trauma, deliberately & malafiedly not living with Husband, THEN Husband is entitled to  Divorce Decree on ground of Cruelty without paying any Alimony or Maintenance or any other money considerations.

Hemant Agarwal
Advocate, Mumbai
4655 Answers
23 Consultations

5.0 on 5.0

Then ask wife for divorce by mutual consent 

 

2) wife can file false DV case against husband seek protection order, maintenance , compensation for mental torture undergone by her 

Ajay Sethi
Advocate, Mumbai
75800 Answers
4532 Consultations

5.0 on 5.0

So far the title of the property is concerned as the husband has paid the entire amount and is paying the emi we can claim the title of the property by filing it will show and court may provide the stay and property will be vacant since you are not living with your husband in case of any family dispute this is very much inevitable.

This is not a fraud committed by wife but in case wife wants to sell the property she will not be able to sell the property as the original documents  are the bank and can be released to the husband only on payment of complete loan.

Since the title of the property in is in the name of wife so the husband will not be able to remove the tenant.

not removing the tenant from the property is not cruelty however not living with me husband is cruelty.

In this case with the divorce is already taken place it is deemed that the property belongs to the wife only and husband have no rights over the property until and unless claims the title of the property and is allowed by the court and he has the responsibility to maintain the girl child husband and wife have all the right to go for the maintenance case for herself and child as they don't have any other income to support for

Vimlesh Prasad Mishra
Advocate, Lucknow
6535 Answers
20 Consultations

4.9 on 5.0

1. Since the property is registered in wife's favour she is the absolute owner of it, hence she is at liberty to sell it to anyone anytime without the consent of her husband.

2. She cannot be forced to evict the tenant either.

3. Husband is free to file petition for dissolution of marriage on the ground of cruelty.

Ashish Davessar
Advocate, Jaipur
29496 Answers
847 Consultations

5.0 on 5.0

Buying the property by a registered sale deed on her name was the first and grave mistake. 

Now that property becomes her own and absolute property with clear and marketable title on her name. 

This means she can sell the property on her own without taking his consent. 

The husband cannot obtain any stay order in this regard. 

The husband cannot force the tenant to vacate since she is the owner hence the tenant may not obey his instructions. 

Husband cannot file any criminal case on her for this reason including mental harassment. 

There's no fraud committed by her in not allowing him to reside in her property hence if he plans to give any complaint in this regard it may not even be entertained by police. 

The husband can file a divorce case on the grounds of cruelty. 

T Kalaiselvan
Advocate, Vellore
65774 Answers
859 Consultations

5.0 on 5.0

Yes it is a possibility but you have to see the divorce conditions and maintenance classes in case there is any support for you and your child then you need not to worry much about and do not initiate the process from your side

Vimlesh Prasad Mishra
Advocate, Lucknow
6535 Answers
20 Consultations

4.9 on 5.0

The wife can deny to join for the said reasons or any other reasons whether valid or invalid. 

She cannot be forced to live with you against her willingness. 

She may lodge a criminal complaint against you for the acts of cruelty. 

She may even file a domestic violence case against you for the alleged tortures. 

T Kalaiselvan
Advocate, Vellore
65774 Answers
859 Consultations

5.0 on 5.0

1. FIRSTLY do the step wise procedure explained by me, BEFORE doing any other legal proceedings.

Hemant Agarwal
Advocate, Mumbai
4655 Answers
23 Consultations

5.0 on 5.0

Dear Querist

as the property is solely in the name of wife, the Husband cannot claim anything from her regarding that property but the Husband may stop paying EMI's to the bank.

 

this is not a case of fraud but it is cruelty committed by the wife upon the husband and based on cruelty husband may file a divorce case against her before the Family Court under section 13(1)(ia) of Hindu Marriage Act-1955

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5719 Answers
266 Consultations

4.9 on 5.0

Husband should get stay order restraining wife from selling the property 

 

2) since property is in name of wife you would not get orders to direct tenant to vacate 

Ajay Sethi
Advocate, Mumbai
75800 Answers
4532 Consultations

5.0 on 5.0

Since you neither are owner of the property nor you have inducted tenant in your name or issued rent receipt by your name then no such suit for eviction if filed by you would be maintainable. If you do it would be nothing but wastage of time and money. 

Your only option is filing suit under Benami ( Prohibition) Transaction Act wherein though there is no scope for passing injunction order. 

Devajyoti Barman
Advocate, Kolkata
20197 Answers
286 Consultations

5.0 on 5.0

In the said circumstances if the property is bought in wife as sole owner she doesn't require husbands consent. She can sell rent or do anything with the same. If husband wants to challenge it he needs to file a suit and seek relief from the court against wife. 

Prashant Nayak
Advocate, Mumbai
19636 Answers
35 Consultations

4.4 on 5.0

1. Injunction is not given as a gift. You have to show a legal right and also the prospect of likely violation of that right to get injunction.

2. Irrespective of who paid the sale consideration wife is the owner if sale deed is executed in her favour.

3. To evict the tenant the petition for eviction can be filed only by landlord or title holder of the property.

Ashish Davessar
Advocate, Jaipur
29496 Answers
847 Consultations

5.0 on 5.0

File Section 9 RCR against her.

File a suit for declaration to declaring your ownership over the property and getting that property to your name via court orders

Rahul Jatain
Advocate, Rohtak
3287 Answers
4 Consultations

4.9 on 5.0

Court will grant stay order restraining sale of property 

 

2) however he would not get orders for eviction of tenant pending hearing and final disposal of suit 

Ajay Sethi
Advocate, Mumbai
75800 Answers
4532 Consultations

5.0 on 5.0

1. Get a Declaration Suit filed first than only this property will be disputed one on documents, after that file an application for temporary injunction application for getting a stay over the sale of property and evacuation of the tenant.

Rahul Jatain
Advocate, Rohtak
3287 Answers
4 Consultations

4.9 on 5.0

1. Yes it can be done

2. She can if she is sole owner and she goes to court with eviction suit

3. Husband can't rent in this case if he is not owner. Who will sign rent agreement. She can vacate the Tenant through court

Prashant Nayak
Advocate, Mumbai
19636 Answers
35 Consultations

4.4 on 5.0

Here you can say there was oral mutual agreement with your husband that he is going to purchase the flat on your name because down payment you have paid it through husband account and currently husband is paying the EMI's but already took cash amount as a dowry from your parents in return he is paying all these EMI's .

 

If husband wants his paid EMI's amount along with current interest by selling the property you can pay to him and remaining amount will be kept with you.

 

Because the property is on your name.

Ganesh Kadam
Advocate, Pune
10116 Answers
89 Consultations

4.9 on 5.0

The husband may be having all the proofs for funding for the purchase of property but to his sorrow, he bought the property on his wife's name, hence that becomes her own and absolute property therefore the declaration suit may not come to your rescue, even if you're able to somehow get a decree in your favor in the trial court, it will not be maintainable if she prefers an appeal against this judgment.

The law states that the property in the name of women shall be her own and absolute property, therefore you may not be able to get the desired orders in your favor.

Many people may give false hopes, but when it comes to practical then you will find it very difficult to tide over the crisis at every single stage, hence it is suggested that you try to reconcile with your and arrive at a favorable solution amicably.

T Kalaiselvan
Advocate, Vellore
65774 Answers
859 Consultations

5.0 on 5.0

1. It is your imaginary concept based on false hopes given by someone here or outside.

She is the absolute owner of the property hence court cannot pass a restraint order against her.

She can very well let out the property as per her desire.

2. Yes , she can do it.

3. The legal fact is that she is the owner of the property, hence she has full rights over the property including the revenue yielded out of this property.

T Kalaiselvan
Advocate, Vellore
65774 Answers
859 Consultations

5.0 on 5.0

Wife cannot rent the flat if court has passed order restraining her from creating third party rights 

 

2)refuse to vacate flat . Let wife obtain court orders to direct husband to vacate flat 

 

3) you cannot rent the flat as your name is not reflected as owner of flat 

Ajay Sethi
Advocate, Mumbai
75800 Answers
4532 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:-

 

1. The husband can get restraining order under Order XXXIX Rule 1 & 2 of CPC if he filed the declaration suit against her wife and in the Order not only the wife but also her other relatives may also be included. this order will not only for the restraining of the sell but also for any type of creation of third party interest. hence if the husband gets this order from the court then she can not rented out that property.

 

2. Yes, she may, but by the order of the court under section 18 & 19 of the Protection of Women from Domestic Violence Act-2005.

 

3. Yes, she can, as she is the absolute owner of the property until the declaration of the court passed against her.

 

Feel Free to Call

 

 

Nadeem Qureshi
Advocate, New Delhi
5719 Answers
266 Consultations

4.9 on 5.0

- As per Section 2(9)(A)(b) Exception (iii) of the Benami Transactions Act., It is legally permissible for a person to purchase an immovable property in the name of his spouse from his known sources, and in which position, the property purchased will not be a benami property but the property will be of the husband and not of the owner in whose name title deeds exist, 

- Further, as per Delhi High Court, a man will retain the ownership of the purchased property even if it is bought in the name of his spouse, if the purchase has done through known sources of income. 

- Since the said flat is in the name of wife , but it is purchased from your fund, i.e. down payment and paying the emi , then you can claim full ownership right of the said flat , after filing a suit for declaration before the court. 

- Yes, she can sell the property without approval of husband , if the husband not file a Suit for Declaration and Mandatory injunction before the court. for getting property in his name and to stay transfer to third party. 

- No fraud committed by the wife , because the property is legally in her name . 

- Yes, after getting order from the court, the said property would be transfer in the name of husband legally ,and further can get vacated the tenant as well. 

Mohammed Shahzad
Advocate, Delhi
3303 Answers
39 Consultations

5.0 on 5.0

1. Yes wife can sell the property without permission from husband.

2. Husband can file declaratory suit to claim ownership of that property on ground that he is making the payment through EMIs and wife contribution is zero for purchase of property.

3. No husband cannot remove tenant legally. 

4. No

5. No there is no fraud from wife. 

6. After getting restraining orders wife cannot give the flat for rent. 

7. If court orders to maintain status quo then husband cannot live in that property till case decided in his favour.

8. Yes she can ask new tenant to vacate till she is owner of that property.

Mohit Kapoor
Advocate, Rohtak
8662 Answers
3 Consultations

5.0 on 5.0

Your lawyer can file suit within period of 15 days or so 

 

2) you can get restraining order in a month time 

 

3) you cannot get tenant to vacate property 

 

4) suit would take 10 years or so to be disposed of 

Ajay Sethi
Advocate, Mumbai
75800 Answers
4532 Consultations

5.0 on 5.0

1. Around 6,7 months.

2. Abt 10 days

3. Yes.

4. 6,7 months 

Rahul Jatain
Advocate, Rohtak
3287 Answers
4 Consultations

4.9 on 5.0

Now in covid it will be slightly slow but you can file. 

Depends on hearing to you. 

For vacation yu need eviction order. 

It may take 2 years at least to evict. If she goes for appeal it may take time

Prashant Nayak
Advocate, Mumbai
19636 Answers
35 Consultations

4.4 on 5.0

1. declaratory suit can filed within one week. 

2. within period of 15 days. 

3.no

4.Usually such type of cases take time, average time will be around 4–5 years. But time period can be varies from court to court, depending upon the courts, attitude of opposite lawyers, no. Of witnesses to be examined from from both side etc.

Mohammed Mujeeb
Advocate, Hyderabad
16464 Answers
11 Consultations

4.5 on 5.0

If you file Declaratory suit also against you still you can defend that too because title of property is on your name. And if you're ready to take challenge to pay pay few next EMI till property get sold out or you can manage by renting property to pay EMI's.

 

It will take almost net 2 years to get order of declaratory suit. than again you can make it appeal in the high court.

 

Husband can't ask tenant to vacate when title is on your name. But yes I can stop paying EMI's from now onwards.

Ganesh Kadam
Advocate, Pune
10116 Answers
89 Consultations

4.9 on 5.0

1. The time taken for the disposal of the declaratory suit cannot be predicted owing to various factors including the current pandemic situation.

2. There is no guarantee for the restraint order because it cannot be claimed as a right, it depends on the discretion of the court. 

3. No.

He has to follow the due procedures of law 

4. See the first answer above.

The proof of payments made by ther husband will not entitle him to claim title to the property, hence you may have to depend on your advocate's argument skills to get a favorable decision.

T Kalaiselvan
Advocate, Vellore
65774 Answers
859 Consultations

5.0 on 5.0

1. You can file the said suit anytime after submitting the proof of income and fund.

2. On the second or third date of appearance of opposite party , restrained order can be  passes.

3 .No, until get final decision , or such order can also be passed from the court. 

4.Depend upon the burden of the court , and contest of the suit .

- It may take one to three years .

 

Mohammed Shahzad
Advocate, Delhi
3303 Answers
39 Consultations

5.0 on 5.0

1. You are free to file suit for declaration and seek temporary injunction to stop her from creating third party rights during the pendency of suit.

2. You can file the suit even tomorrow if the courts are open for regular functioning in your district.

3. It is the adjudication of suit which takes time.

 

Ashish Davessar
Advocate, Jaipur
29496 Answers
847 Consultations

5.0 on 5.0

1. Tenant cannot be evicted on the basis of temporary injunction.

2. Tenancy remains unaffected by an order of temporary injunction.

 

Ashish Davessar
Advocate, Jaipur
29496 Answers
847 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that husband is the one who has been paying the money for the property and the same has been registered on the name of the wife.
  2. I would like to apprise you that though the property is registered on the name of this wife, husband still having the right in property as the amount is been paid by him only.
  3. He will always have an option to file a declaratory suit plus injunction from creating any third party interest in it permanently.
  4. And also, husband can claim the half rent from the same court of law.

Sanjay Baniwal
Advocate, South Delhi
5258 Answers
12 Consultations

5.0 on 5.0

Both will share rentals 

 

2) if agreement in  joint names then rentals 

can be deposited in joint account 

 

3) if wife is sole owner she can evict the tenant 

 

4) if property is in wife name then in case of divorce husband has no share in property 

5) wife can execute gift deed in husband name 

Ajay Sethi
Advocate, Mumbai
75800 Answers
4532 Consultations

5.0 on 5.0

She doesn't want to live with you. She doesn't want that you come back. You can divorce her on grounds of cruelty and desertion.

The property is in her name. You can't do anything. But yes you should stop paying the EMI. Let her pay as it is in her name. You are not obligated to pay.

Rahul Mishra
Advocate, Lucknow
8970 Answers
15 Consultations

5.0 on 5.0

She knew that you live in Mumbai before marriage so that is no excuse now nit to go there. Don't misbehave with her as she may lodge complaint against you for domestic violence and cruelty.

File a divorce petition and stop paying the emi.

Rahul Mishra
Advocate, Lucknow
8970 Answers
15 Consultations

5.0 on 5.0

The tenant can be removed by you as you own the property. Being the husband the tenant must be knowing that. If she resists tell her that you are not interested in paying the emi.

The property belongs to her and hence her consent is essential.

Rahul Mishra
Advocate, Lucknow
8970 Answers
15 Consultations

5.0 on 5.0

Yes you should go ahead and file these cases.  

Rahul Mishra
Advocate, Lucknow
8970 Answers
15 Consultations

5.0 on 5.0

You can evict the tenant. She cannot di anything if you file these cases. She cannot remove you and nor can she remove tenant.

Rahul Mishra
Advocate, Lucknow
8970 Answers
15 Consultations

5.0 on 5.0

You can evict the tenant by filing an eviction suit. Give him a notice. If he doesn't get out then file a declaratory suit. It may take time to decide but you may get an interim order. Around 1 month.

Rahul Mishra
Advocate, Lucknow
8970 Answers
15 Consultations

5.0 on 5.0

Both will share rentals 

 

2) if agreement in  joint names then rentals 

can be deposited in joint account 

 

3) if wife is sole owner she can evict the tenant 

 

4) if property is in wife name then in case of divorce husband has no share in property 

5) wife can execute gift deed in husband name 

 

Ajay Sethi
Advocate, Mumbai
75800 Answers
4532 Consultations

5.0 on 5.0

If you become the co owner then you can bring a tenant in the house and tell him that a dispute is goung on between you and your wife and hence he should pay the rent to you and should not vacate unless you tell him to.

She may do these things but you have to be prepared.

Rahul Mishra
Advocate, Lucknow
8970 Answers
15 Consultations

5.0 on 5.0

She cannot remove the tenant. Yes you should strictly tell the tenant that the rent amount should be deposited in your account. Otherwise he may be evicted.

Rahul Mishra
Advocate, Lucknow
8970 Answers
15 Consultations

5.0 on 5.0

A co-owner l can rent out the property without of other co owner permission, but they legally have to share the money received for rent. 

without proper notice, she cannot remove the tenant. 

if wife is sole owner of said property she can remove tenant and take possession and claim full rent. 

Mohammed Mujeeb
Advocate, Hyderabad
16464 Answers
11 Consultations

4.5 on 5.0

1. If the property is registered on wife's name then without her consent i.e., without she transferring at lest a portion of the property to his name, he cannot become  a joint owner of the property.

Even if he becomes the co-owner with the wife's permission or adopting the legal procedures as mentioned above, he cannot enter into rental agreement as a single owner, she has to be a party to this agreement along with him or she may have to authorise him by a POA deed to rent out the property on her behalf too.

2. If at all the husband becomes the co-owner by adopting the legal procedures, then the wife cannot let out the proeprty on rent on her own nor she can avail the rental amount herself without the permission of POA deed from her husband.

3. Yes, she can do it if she is the only owner of the property.

4. If it is jointly owned then the wife can claim her share in the property even after divorce.

5. If it is a jointly owned property then both of them either have to mutually agree  on this so that one can let out the property on rent and collect the rent alone by adopting the legal procedures.

T Kalaiselvan
Advocate, Vellore
65774 Answers
859 Consultations

5.0 on 5.0

To make the husband as joint owner the wife, who is the sole owner as per the registered sale deed on her name, has to transfer a portion of the property on her husband's name by executing a registered gift deed.

If there is a home loan subsisting on the proeprty then this also may not be possible without getting NOC from the bank/financial institution.

Thus if the property is co-owned by both then they may jointly enter into a rental agreement with the prospective tenant.

In case of joint ownership, either of them can authorise either of them by executing a GPA deed on other's name to carry the said task of renting out the property and to collect the rental amount on behalf of the principal too.

Thus there should be a mutual understanding between them to get the above task completed peacefully without legal hassle.

 

T Kalaiselvan
Advocate, Vellore
65774 Answers
859 Consultations

5.0 on 5.0

1. Yes if he has possession but wife can't object too

2. Yes wife can

3. She cant illegally remove

4 husband needs to file suit for said property in court claiming yours

Prashant Nayak
Advocate, Mumbai
19636 Answers
35 Consultations

4.4 on 5.0

- If wife will not appear before the court after getting summon , then court will pass ex-parte decree in favour of the husband. and hence

1. Yes.

2. No , after getting the order of the court , you will have to send a legal notice to the tenant to attorn you as landlord.

3. No. Legally not 

4. Legally wife is not having any right over the property of her husband during his life time , but in case of settlement etc she can claim .

5. Only after getting decree from the court in the declaration suit as i mentioned above. 

Mohammed Shahzad
Advocate, Delhi
3303 Answers
39 Consultations

5.0 on 5.0

1. Husband can rent it oout but do not have right over full rent in this situation. 

2. Yes this is possible.

3. Anything is possible when both are owners and there is dispute among them.

4. It MAY be distributed. 

5. Full ownership of husband 

Rahul Jatain
Advocate, Rohtak
3287 Answers
4 Consultations

4.9 on 5.0

1. Without a declaration from the civil court the only way husband can manage to add his name as co-owner is if wife gifts a part of the property to him.

2. Husband can rent the property only if he is authorised to do this by the owner (wife).

3. If husband has inducted a tenant and landlord-tenant relationship has come into existence then wife as owner will have to file a petition for eviction of tenant to evict him.

4. Property will remain with owner unless the owner transfers it to husband.

 

Ashish Davessar
Advocate, Jaipur
29496 Answers
847 Consultations

5.0 on 5.0

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