(Guest)

Flat injunction

HI experts,

separated since 2 yrs & My wife filed divorce 13 1 ia. I filed RCR and ready to take her back. We stay in pune.

During our cohabitation i have purchased a flat in mahad on my and my mother name for investment purpose

However. My wife is co borrower in the loan that was just to get eligibility. her name is not in the puchase deed & she has not spent a single penny towards the flat in any way. I alone paid down payment & paying EMi

Now in her divorce petiton she has claimed in the prayers that I should not create third patry intrest in the flat as to secure a her a shelter in shared household but we never stayed in that flat. she has not filed any interim application interim injunction. Issues are yet to be framed & as of now there is no injuction order of court. I want to sell that flat & payoff the loan.

So can i sell that flat without courts permission or do i have seek courts permission.

& if i sell it what will happen to her prayer in the main petition

Thanks

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2 Replies

K.P.Satish Kumar (Advocate) 20 March 2015

if the court dosent grant interim injunction you can sell the flat.

(Guest)

But she has not file any interim application so question of interim in juction did not arise. But since she has prayed for it in main petition and may be that point can be frame in issue. So what will happen if I alredy sold the flat