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SuhasSuhas (service)     15 September 2016

Joint property

I have purchased joint property with my wife in maharashtra 2 years back which is given on rent. i have funded most of down payment and some portion contributed by my wife. i have been paying all the EMI s till date.

I left my rented house in which i was staying with wife and son out of strained relations with wife 6 months back after which i stopped paying rent for that house. i asked her through landlord to vacate the house, but she convinced landlord to adjust rent against deposit and is still staying there for 3 more months.

She has already raised 498a FIR on me and my family.

Now since she is supposed to vacate the rented house in 2 months, she has demanded the tenant in our jointly owned property to vacate and she plans to stay there with my son. She has also sent a legal notice to both landlord and me saying the rent agreement is void since her consent was not taken and tenant must immediately vacate. what can i do to refrain from letting her enter into our joint property. will i be in any kind of legal trouble for doing the rent agreemnt without her consent/ power of attorney? she is earning decent, do i still have to give her and my kid a house to stay? she is only daughter and her parents have a decnt house.



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 7 Replies

ambrish (service)     15 September 2016

Property is under Joint ownership so technically, her consent is required. but why she came after two years of silence is the questio of fact. 

You should think about your son also. Her has big house does not give you passage to get out of her and your son. 

You need to rethink and review the situation before to take any harsh decision about your family.

 

regards

 

SuhasSuhas (service)     15 September 2016

Please help me. more responses from lawyers will be appreciated. Can there be any legal consequences of rent agreement done without wife s consent for joint property?

stanley (Freedom)     20 September 2016

@ Author  

1. you cannot drive her out of the flat as the property is in  joint names  .

2. whats the proportion or ratio in which the two of you have invested in the flat and do you have proof of your investments in the flat .Accordingly  you can file a partation suit for the property to be divided as per your investments.

3. You would have to pay maintenance for your child and the two of you would have to share the same as both of you our working .

4.you have not stated the amount she earns and is she being payed HRA by the company . 

5. Do you have her salary slip in case you have to submit it in court .

6. Nowdays its common for females to file 498 A to abstract money for a settlement .Hence you have to fight the case and come out of it and prove that the allegations are false .

7. Its better to continue paying the rent at the rented place she stays since when she files a Domestic violence case on you you can submit your bank statements to the court stating that you were the one paying the rent for her flat . Hence her right to residence falls apart at the rented place .

1 Like

SuhasSuhas (service)     21 September 2016

There is no share percent mentioned in house agreement? I have contributed almost 80%. but i am told she gets 50%. Is it true?

stanley (Freedom)     21 September 2016

@ Suhas .

Stop behaving like a child .Did i ask you if there is any share percent mentioned in the agreement ?? 

1. If you have contributed 80 % than you must have paid the 80 % in the form of EMI's or cheques where in the transcation would reflect in your bank account . Hence you would have to submit the ame to the court to prove that you have paid 80 % .

How old are you by the way ?? Believe what you want to believe .

The joint property would be distribute in proportion to your investments and as per the current market value .


(Guest)

Facts on the table: Yours will be a good case study for every man in India, if you win any case against your wife.

There are only two options:

1. Learn to live with her - call it in the name of your kid, because there is no way you can win any case against your wife (my personal opinion!).

2. You can keep listening and think think think for next 10 years to realize, nothing is going to work, except mutual separation. so, chose this option wisely at the earliest instance possible.

God bless both of you.


(Guest)

Facts on the table: Yours will be a good case study for every man in India, if you win any case against your wife.

There are only two options:

1. Learn to live with her - call it in the name of your kid, because there is no way you can win any case against your wife (my personal opinion!).

2. You can keep listening and think think think for next 10 years to realize, nothing is going to work, except mutual separation. so, chose this option wisely at the earliest instance possible.

God bless both of you.


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