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hopeful001 (professional)     16 April 2014

Right to residence


       My husband has  filed seperation notice last Feb 2013 for petty baseless issues and While I have gone for maternity, they have broken the lock and fixed camera, They have all my belongings, but they refused to give.

I have filed police complaint requesting for residing in the house which is in my husband's name, He is paying housing loan for the same, My in-laws told they have transferred/shared the property rights to my MIL's name. 

   But my husband is the one who is paying housing loan for the past four years till now, Is it possible to transfer while he is the loan-borrower, all the housing documents were in his name initially. I don't know whether they have valid documents or not, How shall I proceed furthur, I wish to live with him along with my baby. I wish to live in my husband s home right now. Please guide.


 10 Replies

Ranee....... (NA)     16 April 2014

If your husband pays EMI, that means loan is in his name..he can not transfer the property until loan is not fully repaid. You can get right to residence there under the Protection of women against Domestic Violence Act 2005 because that is your matrimonial home and your husband is still living there.

As per my knowledge no one can invade the privacy of a woman by installing camera in her residence.You should contact a good lawyer in your locality.

hopeful001 (professional)     16 April 2014

Thanks for your reply! My husband got job deputation in Bangkok after one year of our marriage, I was staying with my mom since I was working and resigned the job as suggested by him and  I have been to Bangkok for a short while, He has raised quarrals on many petty issues while I stayed there and sent me back to India without my consent. He filed seperation notice very soon after that. His parents quaralled with my parents that I should not stay in my husband's home,While I have been to maternal home for delivey, they have broken the locks and fixed camera in front of the house. Even after our baby was born, their attitude did not change, I have filed for RCR to live with him.

I need to live in my husband s home rather than  residing in my parents home.

laxmi kant joshi (instructor)     16 April 2014

if the issues in between you husband and wife are too small then I suggest you try to solve your problem amicably with your husband and in laws for that you can take help from your relatives of both sides , from friends or from your near and dear ones , no need to file false cases in the police station or in the court , once matter riched in the court then it become very difficult to reconcile the issues , think about the future of your and your baby , don t be hasty to file the case , filing cases without any big reason is always harmful it spoils the life , think intelligently a long life is ahead make it joyful , give your full efforts to solve your matter , after giving full efforts to reconcile the issues if they still became rude and adament then think for legal action .

Abhishek Verma (advocate)     16 April 2014

yes you have a right of residence along with a right of maintenance. you can apply for restitution of conjugal rights as well as monthly maintenance in two separate suits.

The housing loan can also be transferred to a third person by mutual agreement between the bank, the person loaned and the third person who is interested in getting the lon transferred in his name, while at the same time getting the title to the property

hopeful001 (professional)     16 April 2014

Yes sir,  I also wish to solve this amicably, Even though I have been thrown out and avoided by his family to the core, I have not filed any false cases on them, I don t want them to put in troubles even now. I still love him and many times during pregnancy and even now, I wish to talk with my husband, But after filing seperation notice, he avoided me to the core, blocked me in social network sites, blocked my calls. He or his family did not even lend ears while mediating through his relatives, They spoke ill about my family and did not even see my child's face  even now I tolerated everything and wish to unite with him. I need access to my husband's home. Please suggest.

hopeful001 (professional)     16 April 2014

@Abishek Sir, Monthly EMI is debited from our joint account only, I mean he is the one who is paying the monthly EMI , Is it possible to transfer to my Mother-in-law while he is paying EMI monthly? But she has gifted some amount initially for buying the house. They seems to act like this after filing seperation notice only.

T. Kalaiselvan, Advocate (Advocate)     16 April 2014

You have a right to residence in your matrimonial home,be it is under the parents in law's name or your husband's name. You can very well claim it or you can even enter inside  and stay there, they have no rights to send you out. Until your husband changes his residence, it is deemed to be his residence.  About fixing camera in front of their house is their problem, what is your concern about it.  Besides RCR, you can file a petition for maintenance amount too.

1 Like

Ranee....... (NA)     17 April 2014

Bank loan can be transferred if all eligibility criteria of the previous loanee matches with the next one.If your mother in law is working and has long years to be retired and if she is capable to repay the loan then only the loan can be transferred.

Ranee....... (NA)     17 April 2014

Bank loan can be transferred if all eligibility criteria of the previous loanee matches with the next one.If your mother in law is working and has long years to be retired and if she is capable to repay the loan then only the loan can be transferred.

hopeful001 (professional)     17 April 2014

My mother-in-law got retired 4 years back. The house was bought initially in my husband's name, and EMI got debited from our joint account, After my baby birth, they have done the transfer to my MIL's name.

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