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rahul (Owner)     06 June 2021

Wife not ready to vacate sold flat

Hello, I have sold my flat. I was sole owner of flat. After sale deed my wife saying that she doesn't know about same and not ready to vacant flat. Sale deed is done but I haven't received 50%payment from buyer. He is saying that after possession, he will hand over. Now wife not ready to vacate flat and buyer saying remaining 50% payment post possession. What should I do now? Is it ok if I vacate property even if wife doesn't vacate? Also as I was owner buyer will make complaint about me only and not against wife even if I vacated property. What is legal remedies available.



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 15 Replies

Dr J C Vashista (Advocate)     07 June 2021

Legally she has no right, interest, claim or title over the property involved in the sale transaction.

Convince your wife and hand over possession to the vendee. 

G.L.N. Prasad (Retired employee.)     07 June 2021

Please convince your wife and do not make the personal issue an international problem, as such pretexts are generally being made when someone gives the opinion that the house was sold for less than the market amount. The spouses through the blame on some others stating that someone is not agreeing.   When taking a major decision like selling of a residence, not informing the better half, and not even informing of sale even before accepting advance finds no justification.

Sankaranarayanan (Advocate)     07 June 2021

State the facts clearly. Surely some reason behind her adamant act. yes it is your duty to convince your wife and explain the reasons . 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 June 2021

You can offer 50% to your wife for vacate the property. After all she is your wife you know.

P. Venu (Advocate)     07 June 2021

The posting suggests deeper issues. Please post complete facts.

T. Kalaiselvan, Advocate (Advocate)     07 June 2021

If there are disputes going on between your wife and you hence she is not cooperating to vacate the house even after  knowing that you have already sold it to a third person, you may better issue  a legal notice to her instructing her to v ate the property.

No doubt it becomes your duty to provide her proper accommodation as heer legally wedded husband, you can offer her rented accommodation in another location and the same may be mentioned in the legal notice.

After that you can file a an eviction suit to evict her from the property for the reason that you have already sold it to a third person and that you are ready to accommodate her in a different rented accommodation.

rahul (Owner)     07 June 2021

Thanks a lot for suggestions. Here I have consulted local lawyer and they are in opinion of that new buyer will file case against me. However I have already vacated property but wife still staying in property along with her mother and brother.can police take action to vacate property on complaint of new buyer.

Sankaranarayanan (Advocate)     07 June 2021

Its your duty to take off them from the property by proper explanation and the consequences 

G.L.N. Prasad (Retired employee.)     08 June 2021

Irrespective of who is staying in the apartment sold by you, it is the duty of the seller to give vacant possession.  Without giving possession sale is not complete. Your advocate has properly guided you.

P. Venu (Advocate)     08 June 2021

You are, I am afraid, keeping is in dark of the deeper issues and related facts.

Sudhir Kumar, Advocate (Advocate)     10 June 2021

I fully agree with Mr Venu.  It is a case of prima-facie half narration of facts.

 

The given facts suggest a marital discord and the same can also be a ploy to deprive the wife of her residence in the matrimonial home (irrespective of title of property). This also amounts to domestic violence.

 

Seen from the perspective of the buyer.  The husband and wife are creating a drama to deprive him off the possession of the property which he purchased.  He certainly haas a right to take action against you.

1 Like

Dr J C Vashista (Advocate)     10 June 2021

Well analysed and opined by expert Mr. P Venu, I agree that you have concealed material facts.

It is better to consult and engage a local prudent lawyer for appreciation of facts and circumstance of the case, professional advise and necessary proceeding.

 

rahul (Owner)     11 June 2021

Thanks for reply. I didn't hide any facts. This flat was purchased before my marriage and through my self earned and bank loan. I am planning to sell flat from last 2years and my wife is aware of this fact. Evn new buyer visited flat infront of my wife. Now she suddenly denied to vacate flat. I am asking my wife to shift with me in another flat next to our existing society but she is saying that I won't shift from here. We tried to convince her but no use. Buyer party is also women 59yr old. I am suffering from Rhematoid arthritis and came under depression due to this issue. I sold my flat due to loan burden and money requirement. I don't want divorce and want to continue my married life but she is not ready to vacate and due to this I am suffering. 

G.L.N. Prasad (Retired employee.)     11 June 2021

You are complicating the issue.  You have stated that you have not hidden any facts.  When the property is under mortgage with the Bank, how you can sell the flat, have you informed and taken consent from the Bank. With the knowledge that there is an outstanding loan, how the purchaser has purchased property.  Have you utilized the proceeds for payment of Bank loan and obtained original title deeds and canceled mortgage with Sub-Registrar?  ( Your reply: This flat was purchased before my marriage and through my self earned and bank loan. I am planning to sell flat from last 2years and my wife is aware of this fact.)


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