Selling a flat against my will and consent
2 years ago
My Husband wants to sell his own flat. But i am his legal wife. we also have a daughter. I am against in selling the property but he is forcing me to vacant the flat and take me to another place which is far away. I don't want to leave this place because it will cause such a problem that our life will go to hell. PLEASE HELP US. Please give us some advice to stop it.
A.Dear Madam,
You may file maintenance case either by yourself or on behalf of your minor daughter or both and seek an injunction order against your husband and restrain him by selling such property since if it is sold yourself and your daughter will be on streets without any maintenance.
Rate me Five Star*
You may file maintenance case either by yourself or on behalf of your minor daughter or both and seek an injunction order against your husband and restrain him by selling such property since if it is sold yourself and your daughter will be on streets without any maintenance.
Rate me Five Star*
Helpful
Helpful
Share
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.you are legal wife but is your name in flat ?
If its in your name then it cant be sold without your consent.
but it looks like your name is not there.
He might be doing it as ground work for divorce.
so think for that also if there is no need of selling the flat.
If its in your name then it cant be sold without your consent.
but it looks like your name is not there.
He might be doing it as ground work for divorce.
so think for that also if there is no need of selling the flat.
Helpful
Helpful
Share
Vaidehi Samant
Responded 2 years ago
A.If it is his self acquired property and he is the 100% owner of the property than you can't do much legally about it and he can sell off the flat as per his choice. However being his legal wife you are entitled to claim maintenance by filing petition/case under section 125 of Criminal Procedure Code from your husband if you are of opinion that you require financial security for yourself and your child and husband is not providing financially for you both. Thank you.
If you have found the answer helpful than please provide review and give***** as appreciation.
If you have found the answer helpful than please provide review and give***** as appreciation.
Helpful
Helpful
Share
A.Hello
First check whether the flat is registered solely on your name or your husband name or it's jointly owned by both of you. If it is jointly owned or it's in your name then you can stop your husband from selling it and live there peacefully, but if it's solely owned by your husband then you can't do much about it. Also instead of looking Legal opinion in this regards try to talk to husband on this matter and solve the issue amicably.
Thanks.
Please rate if you find this advice helpful.
First check whether the flat is registered solely on your name or your husband name or it's jointly owned by both of you. If it is jointly owned or it's in your name then you can stop your husband from selling it and live there peacefully, but if it's solely owned by your husband then you can't do much about it. Also instead of looking Legal opinion in this regards try to talk to husband on this matter and solve the issue amicably.
Thanks.
Please rate if you find this advice helpful.
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello
If the flat is in your name then you can force your husband to not sell the flat and live there itself. But if it is solely in your husband name then he has all right to sell it and move with family to somewhere else. It would be suggested to to solve this issue amicably instead of going to court as it is of very trivial nature.
Thanks.
Please rate if you find this advice helpful.
If the flat is in your name then you can force your husband to not sell the flat and live there itself. But if it is solely in your husband name then he has all right to sell it and move with family to somewhere else. It would be suggested to to solve this issue amicably instead of going to court as it is of very trivial nature.
Thanks.
Please rate if you find this advice helpful.
Helpful
Helpful
Share
Read Related Answers
Confiscated phone
Dear Client,
If a school is generally follows the CBSC rules strictly in all aspects then it might not be possible to recover your device back. Talk to the management authority and write a handwritten...
My mother and my wife needs safety for a PLOT
Dear Client,
Your mother can transfer the property to you by executing a gift deed in your favor. In that way, there will be no apprehension of losing the title over the property or anyone else claimi...
Custodian Land
Dear Client,
We would require more details on the matter to precisely answer your query. However, you can get the lease of the custodian land for industrial purposes depending upon the type of area, S...
Property dispute
Dear Client,
According to the law of inheritance, property that is undivided for at least four generations constitutes an ancestral property and the coparceners have an equal share in it. In case of a...
Property dispute
Dear Sir,
You have to immediately approach Civil Court since your entire plot was encroached by third person and seek a direction to remove barbed wire fence and allow you to use traditional road.
Read Blogs on Property
Property Lawyers
Find Lawyers by Location
