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.
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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.
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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.
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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.
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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.
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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.
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