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.
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.
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.
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.
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.