• Joint property

I have purchased a property jointly with my husband with the help of finance from a bank,but till now we have not received the possession letter.

Earlier my in laws were living with me and my husband in my company accomodation but recently due to some family disturbance he has shifted with his parents to some rented apartment.
He is planning to live with me and keep his parents in the new house once we get the possession,and pay the rent for the company accomodation at that time.

But I am not sure of his intentions,as he may refuse to pay the rent later and continue residing with his parents in new house.

In that situation,I will be forced to pay notional rent to the company as well as the EMI for the house which I am paying now also.

please let me know if there is any solution,so that without filing for divorce I may stop him from taking possession or if he starts staying there,what is the future recourse available.
Asked 10 years ago in Property Law

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1 Answer

you need not worry . you are 50%owner of property . even if your husband starts staying in said flat with his parents you are entitled to stay in said property . . under DV act you have right to stay in matrimonial home . it is better both you and your husband visit a family counsellor to resolve your marital problems . please note that to sell, mortgage . the flat your husband will need your consent . you can if you so desire obtain injunction restraining your husband from selling the flat or creating any third party rights

Ajay Sethi
Advocate, Mumbai
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