Right of property of wife, married for 42 years.
Facts and background.
I am a married Hindu lady, aged 58 years. I have been married for last 42 years. My husband is 72 years of age. Currently I live with my son in a different city than that of my husband. Throughout my marriage I have been subject to financial neglect and mental trauma from my husband. Since I am not financially independent neither was in past. I didn’t had sufficient means or support, so for that reason and for the sake of my son's future I never took any kind of legal recourse like divorce or separation.
For past 6~8 months, I am living with my son in new city where he has been posted, in a rented accommodation. While my husband is still in Delhi in a house which is our own, though ownership rights lie with him on power of attorney basis. I have equal contribution in terms of efforts made to purchase the house, though I don’t have any evidence to support my claim of contribution.
Lately, my husband of 42 years, aged 72 has been insisting that he will sell of the house or put it out on lease if I don’t return home immediately. I don’t want to leave my son alone in the new city, neither feel safe living alone with my husband who has been violent throughout. And has been very callous towards me of late, to the extent of not even providing for my medications. This house is the only permanent place of residence I have, since my parents are dead and my son does not have a house of his own.
My questions to the experts on this forum, based on the background shared, are:-
1. Is there a legal process by which I can put a stay or permanent stay preventing my husband from selling off the property without my consent?
a. Can such a restriction be put for putting the house on rent or lease too.
b. Can such an order be communicated to the land registrar so that my husband does not sell off the house without my knowledge?
2. Can I use any of the provisions of the prevention of domestic violence act to ensure that my husband is not able to sell of the house? I don’t want any money from him or need him to pay for my maintenance, as my son is taking care of me. But to make him accept, formally and legally, my right to the house and or prevent him from disposing it, and in the process render me homeless.
3. Will the duration of my marriage and other factors like my age and sex help me in my efforts to safeguard my house and future?
4. Such a litigation, if feasible, should it be carried out from Delhi, where the house is located. Or can it be done from the city where I currently live, or from the state from where me and my husband belong from.
Thanks in advance.
Asked 6 months ago in Family Law from New Delhi, Delhi
1) you can file DV case and seek injunction restraining husband from selling the house
2) also seek injunction restraining husband from creating third party rights on the house ie giving house on rent or mortgaging the house
3) you can file DV case wherein you are currently residing
4) also seek protection order , maintenance from husband
1. Wife has no share in the proeprty of husband.However of wife has no independent place of stay after being evicted then she can file case under PWDV and seek injunction on selling of proeprty owned by her husband. (a)-(b)-No.
3. Age and duration of marriage is of no consideration.
4. You can file the cases from the place where you are presently located.
You have residential rights in your husband's house, since you are living separately, you may have to establish your rights in the house where he resides now. For this you can file an injunction suit seeking to restrain him from alienating or encu,mbreinbg the property in any manner as you would create a charge on it for the maintenance case that may be filed by you later on.
For your second question also the above answer suits.
You have to file the injunction suit in the place where the house is located.
Regarding the Injunction mentioned in all the three replies, what is this injunction and may I ask if this is somewhat like a normal case for which I have to keep appearing in a court and fight it out like any other legal case or matter. Is it a costly affair and time consuming. Can this be done without filing for a PWDV case as it may hamper the social standing of my kids.
Asked 6 months ago
injunction is stay order restraining husband from selling the house
2) you can be represented by a lawyer
3) personal appearance on each date is not necessary
4) legal fees depend upon lawyer engaged by you
5) DV cases take 5 years to be disposed of
You have to file an injunction suit against your husband restraining him from selling or alienating the house property in his name for the reason that it is to be kept on charge for the purposes of future maintenance amount.
This can be filed even before filing a maintenance suit.
It is a normal suit, the cost and other aspects may be enquired from the local advocate who will handle the case.