Possesion of house
Querist :
Anonymous
(Querist) 09 January 2012
This query is : Resolved
Dear Sir/Ma'am,
My husband has filed for divorce and the 1st hearing is in some days.
The flat is on joint name with my husband as the first owner.
In his petition, he has asked for interim entrance in the house.
His main intension is to get the possesion of the house and leave me homeless at any cost.
what can be done to avoid both the situations ( the possession and the interim enterance)
AND if he is able to retain the house which is worth 1.2cr, then what will he do?
will he buy me another flat?
i want to retain the house despartely, his presently monthly income is 2 lakhs, he has got transsfered to another place and also with a salary hike so what can i get as alimony in settlement?
n lastly is it more benefited to delay the divorce course or fast way?
Devajyoti Barman
(Expert) 09 January 2012
The oppose his prayer for entrance on the ground as mentioned here.
Alternatively you can file petition u/s 12 of PWDV Act where you can apart from claiming maintenance from your husband can get appropriate order in respect of the house.
Making delay or speedy trial of a case depend up the priorities of a party.
You better settle the dispute amicably where all the contending issues may be properly taken care of.
Nadeem Qureshi
(Expert) 09 January 2012
Dear Querist
file an application before the courtu/s 12 Of DV Act after that you can file an application before court U/s 17of the DV Act for right to reside in a shared household. defenatily the court passed an order in your favour and against your husband. you can also file an application before court u/s 18, 19, 20, 22, 23 of DV Act.
feel free to call
prabhakar singh
(Expert) 09 January 2012
In view of this information provided by you that"The flat is on joint name with my husband as the first owner."
your husband can not oust you from house let it be his any move in court,th court is not going to disturb possession of a wife who is also co sharer along with husband.
In liew of alimony you can offer to buy his share in the house if that suits you by value of the house and claim of your alimony.
Deepak Nair
(Expert) 09 January 2012
I agree with the views of Prabhakar Sir.
Since the flat is in joint name, you too have equal share on the said flat. If your husband want that flat, then he have to purchase the same from you after paying the consideration.
Other issues are sufficiently advised by the experts.
V R SHROFF
(Expert) 09 January 2012
Who Paid for the purchase price of Flat??
Though you are entitled for residence, you cannot sell or trf the said Flat.
r working, having children??
who else will reside in Flat? his parents, or brother, sister??
Considering all these aspect, We can decide whether to settle, file consent term, and get MCD, or prolong Divorce, continue residing i Flat, ask him to pat for maintenance, Flat Outgoing of water, tax, electricity, repairs , and mtn of shared household.
u only said abt Flat [1.2cr]
ur hus salary 2L pm, You kept silent for children, your income, and his family members, which are vital to advise your future action.
Rajeev Kumar
(Expert) 09 January 2012
I completly agree with Prabhakar sir
ajay sethi
(Expert) 09 January 2012
agree with Mr prabhakar singh / mr shroff .
you are co owner of flat .your husband cannot sell flat without your consent . you have not naswered queirs raised by MR shroff whether you are working or not .
Querist :
Anonymous
(Querist) 09 January 2012
hi
just now i saw msgs...sorry for replying late.
i am a house wife and i have to stay with my son only who ss graduate n in search of job.i dont have any other income source.both of us are fully dependent on him
Shonee Kapoor
(Expert) 09 January 2012
You have been rightly guided by Ld. Mr. Prabhakar.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 09 January 2012
You can stay there, no one can oust you.
Rest assured.
