498a
Sundram N
(Querist) 13 March 2013
This query is : Resolved
Dear Sir,
kindly advice that wife side are saying to enter in my flat by assistant of antisocial person. previously, she attempted to arrange antisocial person to extort money or vacant the flat and husbnad filed GD in police station up on .
AB of husbnad is pending in session in back 8 months.
kindly advice that wife can enter in my flat forcefully. if it is done than what precaution, i have to take.
Devajyoti Barman
(Expert) 13 March 2013
No one can enter your premises forcefully even if the person is your wife.
You can file case for injunction.\For other anti social elements case of criminal trespass would lie.
Raj Kumar Makkad
(Expert) 13 March 2013
No doubt anti-social persons cannot enter in your flat but your being prior to divorce is legally entitled to enter at any time therein because your flat also belongs to her till marriage persists.
Sundram N
(Querist) 13 March 2013
Dear Raj Kumar Sir,
if husbnad file divirce case as she seperated from husbnad more than one year and filed 498a making hundred percent false alegations.
secondly, she made false alegation in 498a in view of extort money that, husband and his parent and brother attempted to murder in flat. in such setuation, how she can enter in same flat where husbnad and his parent, brother are living and she herself made alegation that her life is not free from risk.
kindly suggest on above situation.
Raj Kumar Makkad
(Expert) 13 March 2013
Practically it cannot be done but I am concerned with law only and my advice is based only on legal terms.
ajay sethi
(Expert) 13 March 2013
said flat is wife matrimonal home . she ahs right to stay in shared household . if you dont agree she will make an application under Dv act for right to stay in shared household
Sundram N
(Querist) 14 March 2013
Dear Ajay Sir,
kindly advice that,
1.If husbnad make gift of the house in the name of mother and mother give such house on rent to sons or other son with whom husbnad is also residing.
2. if mother make condition to saty in house of certain members and not another one will be allowed making disturbance of the residential climate.
sir, advice that the above will can be made.
Raj Kumar Makkad
(Expert) 14 March 2013
If house is gifted to mother then this is her self acquired property and it is her desire to allow any person to enter therein or not but if you are talking about the house wherein your wife was also residing with you, the same comes within definition of share household and if it is gifted due to litigation, it may invite adverse inference for you.
Sundram N
(Querist) 14 March 2013
Dear Hounarable Raj Kumar Sir,
husband family situation is that, wife side arranged in some time antisocial person threatening to extort money and up on filing GD in police station than wife filed 498a and others case.
Husbnad argument is that, this flat is gifted to mother due to safe of earnong in future in the hand of parent as no any income is available to the hand of parent to maitain on their life.
and, husband life is always in fear of loss as happened in back therefore the flat is gifted to mother for future.
kidly suggest on that argument, court will take any bad reference in intention of husbnad.
V R SHROFF
(Expert) 24 March 2013
Colourful gift and tenants do not work.
It remains Mat Home with shared household. .
DV act is very clear.
V R SHROFF
(Expert) 24 March 2013
If you sell it and possession passes to another person; it makes difference. Why innocent purchaser suffer???? changes the fact .
ajay sethi
(Expert) 24 March 2013
dont gift flat to mother . as on date application is filed by wife seeking right to stay in matrimonal home . you ought to have taken some steps prior to her filing an application . you can offer her alternatoiive accomodation .
Raj Kumar Makkad
(Expert) 24 March 2013
Was the necessity of income of your mother arose to you only when your wife filed the petition against you?
Was she having sufficient income to maintain herself prior to that and what was that source which has not remained with her now?
These are the clinching questions which shall require your clear and convincing reply and the list of such and similar questions is unending.
