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stupidlove (xyz)     18 September 2010

Husbands rights over wife's property

i had purchased a flat with my own income and home loan.just after my court marriagein 2006 december,,,and the property is in my married name, and i had invited my inlaws to live with us..as they did not have a permenant home, my husband has been jobless for the last 4 yrs..and i have been managing to take care of the home loan emi;s and managing the house..i have been working abroad..and my husband in the meanwhile has cheated on me and we are on divorce terms.now but not officially divorced..however now my inlaws are not vacating the flat..and demanding  3.lac amount to leave the flat...my question is how can i approach the court or ask for wat rights to help me get them out of my hse...since i have been the sole provider and payer of the loans...



Learning

 5 Replies

Adv Archana Deshmukh (Practicing Advocate)     18 September 2010

As you are the owner of the flat, you can file a suit for possession against your in-laws.

2 Like

adv. rajeev ( rajoo ) (practicing advocate)     18 September 2010

You being the owner you can dispose the property as you like. You can file suit for possession against your in laws.

1 Like

Deekshitulu.V.S.R (B.Sc, B.L)     18 September 2010

Suit for possession is expensive. Since the occupation of the house by the Inlaws is that of a licencees why not a suit for Mandatory injunction directing the inlaws to put you in posession of the house. There is decision on this score by the Apex court as early as in 1981

1 Like

Suchitra. S (Advocate)     18 September 2010

I concur with Deekhitulu Sir. 

1 Like

(Guest)

You can file suit for eviction against him.

In my opinion, he is only a permissive occupier and is not entitled to claim adverse possession.

when a person illegally dispossess the rightful possessor, and continues in open, peaceful, and continuous possession (which is adverse or hostile to the possession of the true owner) for a period of 12 years (the limitation period for filing suits for possession), he can claim that he has a better title due to adverse possession.

The Supreme Court has followed suit by recognizing this changing view. [See, P.T. Munichikkanna Reddy and Ors. v. Revamma and Ors, AIR 2007 SC 1753]. The disapproval of adverse possession law was strongly re-iterated by the Supreme Court in Hemaji Waghaji Jat v. Bhikhabhai Khengarbhai Harijan and Ors, [AIR 2009 SC 103]. The observations in both these cases could be useful to you.

.

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