mukund (salesman) 08 October 2014

Forceful accupation

sir i Smita was married to a person in 2001.we i purchased a flat by borrowing finance from ICICI bank my husband as co borrower.and registered this flat on my single name in 2003 at vadodara.

we had mutual divorce in 2004 .with registered divorce agreement saying that the property will remain with same person whose name it is registered everything will be same as it is nobody will claim anything which is not on his or her name.

within sixth month i got remarried with another person from Mumbai.

SUDDENLY WE GOT A INFORMATION that my vadodara flat was forcibly occupied by my first husband by braking lock .we conforted him then he gave reason that he does not have any home to live so please let him live

as he will pay bank installment regularly as a rent .

we never got anything in writing.

today his health is in dangerous condition by heavy drinking.he is bed ridden.his sisters and everybody is staying in same flat .i want to secure this flat at any cost please advice ,he is not taking our phone .

we helped him as insaniyat.

yours faithful smita mane

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2 Replies

Adv. Chandrasekhar (Advocate) 08 October 2014

You have to engage an adocate and file a civil suit at Vadodara for possession of immovable suit schedule property along with interim injunction application prohibiting him to stay there. On the basis of the title you will win the case.

Jimmy (Manager) 09 October 2014

Take a step back and ask yourself a simple question - Are you responsible for his state of affairs? The facts of your case suggests so. Read your own post carefully again. I would advise your husband to counter the earlier agreement stating that it was through coercion and fraud and that he did not know at the time that you were involved with another man, that he was threatened, in ill-health and mentally incapable of entering into an agreement, and/or raise other such defenses. He is now in possession, has proof that he paid for earlier installments and your sole defense is the agreement. Please forward this post to your husband.