Protection of house from wife
sunil kumavat
(Querist) 16 June 2014
This query is : Resolved
res. sir, i m facing domestic voilance case with my wife. i had house purchased on my name and loan emi is being paid by me. my wife is trying to get the possession of house. what should i do to prevent her. i dont want to sell out. 1) shall i transfer to my brothers name ... but it will cost me 2) create third party intrest ... by giving on rent for longer duration till the case over 3) give power of attorney to my brother or some one else. any other soluton please guide me.
and if she get the possession of house from court. what shall i do to get it back .
pl guide me with ur valuable comments.
thanks .
sunil
ajay sethi
(Expert) 16 June 2014
if no injunction order has been passed restraining you from selling the house you can dispose it of .
please note wife has right to stay in matrimonial home . you can offer her alternative accommodation
R.K Nanda
(Expert) 16 June 2014
agree with sethi.
Rajendra K Goyal
(Expert) 16 June 2014
If no stay from court exist you can dispose it off.
Raj Kumar Makkad
(Expert) 16 June 2014
You do not want to dispose off your house so better to provide it on rent by way of an agreement and in that event, you can provide an alternate house to your wife on the direction of the court.
Sankaranarayanan
(Expert) 16 June 2014
yes no more suggestion to be needed . I do agree with experts
Devajyoti Barman
(Expert) 16 June 2014
Do transfer it in favour of your relative or give it on long term lease.
As long as it remains in your possession your wife can bring this in litigation under PWDV Act.
sunil kumavat
(Querist) 16 June 2014
thank s for ur valuable suggestions .
sunil kumavat
(Querist) 17 June 2014
pl not that it is not matrominal house . i have purchased it after seperation . can she claim on it .
if she got possession of it what is the way to take it back from her.
sunil kumavat
(Querist) 17 June 2014
sir i have filed 138 case ( dishonour of check). but not able to deliver summons to the opposite party. since last one year. my lawyer tell me that he cant do anything unless the opposite party receives it. i m stuckup here. please guide me . what is alternative in such a case.
thanks .
sunil
ajay sethi
(Expert) 17 June 2014
you may have purchased it after separation . she is still your legally wedded wife . can claim right to stay .
sunil kumavat
(Querist) 17 June 2014
is there no alternative than delivering notice by hand
Devajyoti Barman
(Expert) 17 June 2014
ask for paper publication Your case is not in an expert's hand.
Raj Kumar Makkad
(Expert) 17 June 2014
Generally Courts do insist on by hand notice first then munadi and lastly paper publication.
Sudhir Kumar, Advocate
(Expert) 09 September 2015
your relations with wife may in future either get snapped or restored peacefully.
but
transfer of house in brother's name is mere donation and you will lose the house and the relationship with brother will also be lost.
