Agreement to sell / ownership
aisha
(Querist) 29 November 2009
This query is : Resolved
Thans for your valuable time.
Furthe details are :
My husband is the seller and rented out the flat. I had lend money from my brother n sis and given full consideration amt to my husband. Yes sale agreement is registered where rs 5 lac is given to him in agreement and he is bound to transfer in my name after reciving the full consideration and after march 2006 as per the society rule (this is the part of agreement). And we have executed other reciept of Rs 20 Lacs in dec 2005 and also said in the reicpt that he has handed over the possesion to me . After this i get done woodwork n interior of the said flat.I comleted my part of the contract but he failed to do so.
I have alredy taken stay on the flat and filed case to order him to transfer flat to me and hadover the possessiont to me which has been taken forcefully and its taking long 4yrs and still pending.
But he is enjoying the rent and living with other woman. we are not divorced and i dont have house to live and he is not maitaining me properly.
Plz advice accordingly now?????????
Can i get benefit of the rent?
Is there anyway i get possetion as he has forcefully entered as keys are with me only ?
I know its going to take long may be supereme court and i dont have house to live and my husband is not maintaing me properly living with other women can i claim live in that flat
ESTHERPRIYA
(Expert) 29 November 2009
You need to file a divorce petition and then go for maintenance petition. You can also claim rent,possession and ownership from your husband simultaneously while the divorce and maintenance petition is pending.
bhupender sharma
(Expert) 29 November 2009
U can file a complaint under section 12 of the Domestic Violence Act.
niranjan
(Expert) 29 November 2009
You can file petition under order 39 rule 2A for contempt and also for restoration of possession as interim relief.
Raj Kumar Makkad
(Expert) 29 November 2009
Possession of the house forcefully taken can be taken back in the same suit which you have filed against your husband by way of interim relief under order 39 rule 1 and 2 and it is not wise to seek divorce from him rather file all possible cases against him to teach him a good lesson he requires in the facts of your quarry. DV Act is also one of such opportunity to seek repossession of the house forcefully snatched by him through the help of local police even.