Does husband have right in property which is on wife name
jenniferjoseph
(Querist) 29 April 2015
This query is : Resolved
Dear Sir
I am the owner and i am paying the emi till date from my account. There is no co owner and co applicant in the flat agreement.
Now i want to dispose the flat but my husband is not allowing me to do the same.
The problem is that with my name my husband name is added ( which is after marriage)
I wanted to know whether he has any right on it or he can put a stay to stop the sale of flat.
Also he had only contributed some 1 lac and erst was paid by my brother. And he is not providing me and my daughter for the expnses for the last 2 years.
Dr J C Vashista
(Expert) 30 April 2015
1. Being absolute owner you and "only YOU" have the right to dispose it off.
2. Both of you should (must) apply to the court for grant of maintenance through a local lawyer.
jenniferjoseph
(Querist) 30 April 2015
But will the name will create problem and can he ask for share or can he put stay and can I also ask maintenance since I m working
P. Venu
(Expert) 30 April 2015
The name makes no difference; your husband cannot gain any advantage of the commonplace fact your name contains his name.
You can claim maintenance for the child even if you are working.
jenniferjoseph
(Querist) 30 April 2015
but what if i want maintenance even i am working. i also wnat to know whether he can file a case agianst me and bring a stop notice for sale of flat
Guest
(Expert) 30 April 2015
No problem, you can sell, if registered in your name as the owner.
If working, maintenance depends upon your comparative earning with reference to your husband's income.
By the way, from where the question has arisen with reference to your query pertaining to selling of your property?
Devajyoti Barman
(Expert) 30 April 2015
Since he is the co-owner you can not sell the flat in whole without his consent. You can however sell your undivided half-share in it but I wonder whether you would find such buyer.
jenniferjoseph
(Querist) 30 April 2015
He is not the co owner and secondly i am having financial problem at my end that is the reason i need to sell it.
P. Venu
(Expert) 30 April 2015
With due apologies to the learned expert Shri Devjyoti Barman I may be permitted to state that the queriest has not stated that her husband is the co-owner. Her concern has been whether her husband has any right in the property which stands exclusively in her name just because husband's name has been added to her name after marriage i.e. the name of the husband, Joseph, has been aadded to the name of the queriest, Jennifer and presently her name is Jennifer Joseph.
Queriest: Pl. correct me if my understanding is wrong.
Rajendra K Goyal
(Expert) 30 April 2015
If the name of your husband as owner does not exist in the title papers of the property, you are owner and you can dispose / sell it. No need of his consent.
T. Kalaiselvan, Advocate
(Expert) 03 May 2015
The property stands in our name and it is your absolute property in which nobody has any rights, you can go ahead with the proposal to dispose the same. Your name suffixed by our husband's name will not make any difference in your absolute ownership. About maintenance aspect, you may not be entitled to seek since you are employed but you can seek for your child.
jenniferjoseph
(Querist) 06 May 2015
but after he comes to know that i have sold the flat can he demand half money or during the deal can he put some court notice.
Anirudh
(Expert) 06 May 2015
Dear Jennifer,
You have been repeatedly informed by experts that the property is yours and you can do whatever that you want to do with it including its sale. YOUR HUSBAND HAS NO RIGHT WHATSOEVER EITHER TO STOP YOU FROM SELLING, OR OBJECTING OR TO CLAIM ANY SINGLE PENNY FROM THE SALE PROCEEDS either now or at any time in future. Nobody can stop him from giving legal notice - but he will not succeed. You can go ahead, sell the property and keep the money for yourself. Even if your husband comes to know it that you have sold the property, he has no legal right to demand anything from you - not even a single penny - therefore asking for 50% from you would be a distant dream for him!
jenniferjoseph
(Querist) 06 May 2015
Thanks to all the experts and for the valuable suggestions and feedback you have given for my query. I am almsot 80% tension free but still that fear is there.
But anyways thanks once again
SAINATH DEVALLA
(Expert) 06 May 2015
U seem to have purchased the flat before marriage and the original title must be exclusively in UR name.Mere adding UR husbands name after marriage does not deprive UR absolute right over the property.Regarding demanding maintenance from him,he cannot involve the said property in the matter.Ur lawyer has to deal tactfully in the court.
SAINATH DEVALLA
(Expert) 07 May 2015
U are saying that U have purchased after marriage, so UR husbands name has been added later on.Can U just narrate the contents briefly in two lines so that we can have a better idea to conclude.
jenniferjoseph
(Querist) 07 May 2015
after marraige i purchased the name is Jennifer J. Mathew ( that name J. mathew) is my husband name, but on the agreement papers i am the sole owner , ther eis no applicant and no co owner
jenniferjoseph
(Querist) 07 May 2015
can u pls answer me whether he has any right
SAINATH DEVALLA
(Expert) 07 May 2015
No co applicant no co owner at the time of purchase.What way was his name added?
If the input is true he has no right to interfere if U sell the property.Without delay U can proceed with the sale.
jenniferjoseph
(Querist) 07 May 2015
afte marriage the name automatically changes
T. Kalaiselvan, Advocate
(Expert) 07 May 2015
Just because your maiden name was changed after marriage and his name was suffixed to your name, he cannot claim any right in the property purchased by you alone on your name. Dont get confused about a thing which is not there. The name of the purchaser may be anything but until his name appears as joint purchaser, he has no right on the property. Dont stretch the thread anymore.
SAINATH DEVALLA
(Expert) 07 May 2015
U mean only the surname has changed, that dosn't mean that he has any right over the property.Act as advised and swell the property as per UR wish.Better stop questioning further as it would certainly confuse U with new inputs.
Dr J C Vashista
(Expert) 09 May 2015
@jenifferjoseph,
No further "but...but...??? and stopped this thread here itself despite the fact (and fully aware) that you are getting FREE consultancy from the experts? Strange!!!!!!!!!!!
SAINATH DEVALLA
(Expert) 09 May 2015
Jennifer,
The name does not change and the change of surname is only optional and not mandatory.Hence be satisfied by the experts advice and proceed with UR intended transaction.Good Luck
