• Do I have right to sell my house which is on my name

Hello,
I have filed divorce case under 13 B Hindu law and my wife filed maintainence case 125.
Right now both cases are in court.  The current issue is I have a house which is on my name and have home loan but my wife stays there forcibly to grab the property. Wanted to know that does she have rights on property or I can sell the house without her notice. She does not have right on home loan as well.
Let me know the possibilities.
Regards
Abhinav
Asked 1 month ago in Family Law from Pune, Maharashtra
Religion: Hindu
She has right of residence by virtue of PWDV Act.
Moreover you have legal duty to provide accommodation to your wife.
So you can file any suit to evict her.
However you may chose to default in making the EMI so you do not lose money anymore when the property is already acquired by someone and let bank attach the proeprty.
You can also sell the proeprty without her consent but I wonder which fool would buy the proeprty which is occupied by wife of the seller.
Devajyoti Barman
Advocate, Kolkata
5229 Answers
54 Consultations
4.9 on 5.0
Dear Concenred,

Yes, you won the property and you can sell without informing her However you might face challenge of buyer asking you to hand him over a vacant property - so that you would need to do.

How to go about it : 

Sell the property - take the money - invest the money on your mother's name. Give notice to your wife to vacate the property - take police help if needed - provide alternate rented accommodation to your wife if court says.

Best of luck
Atulay Nehra
Advocate, Noida
437 Answers
15 Consultations
4.7 on 5.0
1) wife has right to stay in her matrimonial home 

2) she has no ownership rights on said house 

3) if you seek to sell the house she can move court and obtain injunction restraining you from selling her matrimonial home 
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
5.0 on 5.0
1) in such a case if wife refuses to vacate purchaser has to file an eviction suit 

2) you can agree to provide her alternative accommodation 
Ajay Sethi
Advocate, Mumbai
23296 Answers
1220 Consultations
5.0 on 5.0
1.You are the absolute owner of that house.

2. You have expectedly  mortgaged the said house while availing housing loan for the Bank.

3. You are the sole Borrower of the said housing loan and are paying the EMIs from your earnings.

4. Under the above circumstances, your wife has no right, title and interest on the said house.

5. However, while selling the mortgaged house, you shall have to take consent from the Bank and under the said circumstances, lending Banks insist for executing a tripartite agreement to be signed by the lending bank, the buyer and the borrower and while registering the  sale deed the Bank will take the payment directly from the buyer towards your loan outstanding amount  as mentioned in the tripartite agreement.

6. Based on the above arrangement, you can sell off your said property after which the buyer can file an eviction suit against your wife.

7. If the property is not mortgaged, you can sell the property directly to a third party who will file the said eviction suit against your wife.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
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1. Yes, you can sell off your said house as it is to a third party.

2. The third party will file the eviction suit against your wife.

3. However, your wife may file a case claiming, inter alia, right of accommodation for which you shall have to provide her accommodation if ordered by the Court. 
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
Her only right is to reside in your property, but she cannot claim any share therein. Unless there is an injunction ordered by the civil court against the sale of house you are free to sell it. The buyer will either ask you to vacate the house of her or evict her on his own accord after purchasing it.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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