husband has left the house for the past 10 years.

Querist : Anonymous (Querist) 29 May 2010 This query is : Resolved
Sir
husband left the house 10 years back and living in haridwar as an saint.wife and grown up children staying in the house (in delhi)purchased by the husband and also on his name.Wife want to transfer the title on her name because husband threatens to sell that house.Also husband is a pensioner and not giving a single pie to his wife or chidren.I have two questions from the learned lawyers.
1. Can wife or children file a suit for claiming the house in delhi which was purchased by husband on his name but the document are with wife.
2.Can wife and her children claim their share in pension.
Thanks

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Devajyoti Barman (Expert) 29 May 2010
1. No
22. No
However the wife and the children can pray for maintenance from the husband/father and subsequently create a charge on the house.

A V Vishal (Expert) 29 May 2010
As advised by Barman you can opt for maintenance under s.125 or alternately if your husband has been threatening to sell off the house, you can complain under D V Act praying orders for residence and also maintenance. However, the problem in your case is the house is your husband's self acquired property, what if he decides to will it to some trust etc... and not to his wife and children. It is a tricky situation which will require tacit handling.

mahendrakumar (Expert) 29 May 2010
before your husband make any such move,you must make complaint praying for such relief so that once the matter is pending before the court,any such action envisaged as above could be questioned before law.

so file the case in a discreet manner so that only after the summon from the court,your husband should know about it.