I have been married for past 5 years and my husband has brought a house even before marraige , and my husbands brother and family is staying in this house from past 8 years .but now if i intervene regarding this matter in any form , my in laws say that this house was purchased by husband before i came into his life , so i dont have any right to talk on this matter , but still we pay the emi for this house and we dont take any rent . is it right that i cannot say a word in this matter just because this was taken before our marraige.
Asked 2 years ago in Property Law from Pune, Maharashtra
If the house was purchased by your husband and he is still paying EMIs then being his wife you have right to reside and enjoy alongwith your husband. Even you can inherit it if no Will is made by your husband. So far taking rent from your husband's brother is concerned the same can be decided mutually.
Advocate, New Delhi
As a wife you have the right to talk about the house even though it was bought by your husband before the marriage. However since its a sensitive matter regarding the rent free stay by your brother-in-law, it can be decided mutually.
Whether you can say anything or not in respect to this house is an issue which has to be addressed domestically between you and your family members. Since the house is owned by your husband you will inherit it to the extent of your share if your husband does not make a will during his life time. It is immaterial that the house was purchased by him before your married him.
1) your husband is absolute owner of said house . you have right to stay in said house with your husband as it would be your matrimonial home .
2) if your husband has given said house to his brother to stay with his family dont interfere .
3) your husband can during his lifetime make a will or sell or gift the said house as he so desires .