Wife's right in husband's property - dv case

Payment of maintenance pursuant to court order does not affect the rights of the wife in the property which stands in the joint names of herself and the husband. As the property is in joint names she cannot create any encumbrance without ur consent. Of course it is legally possible for her to mortgage her share in the property. But no creditor will accept such mortgage as it involves lot of legal problems in its enforcement.

@To all husbands,

 

Come out from this myth that wife can claim and acquire your property.

 

There is no law right now which says that wife has right on self as well as ancestoral property of husband.

 

Legally she is not liable to do so.

 

But, illegally she can do any thing.

 

And you know one thing,

 

In india all laws for women are illegal as they directly infringes the constitutional law like all s*x have equall rights for their liberty and peace, for justice and fraternity, for expression and speeches, for jobs and duties but on practical ground all women friendly laws are making the mockery of the said article led down under constitution,

 

Unfortunately our apex court has also legallise these women friendly law as constitutional. Till now I didnt understood how....!

 

But one day the apex court will definitely realise that these laws are directly infringing the common citizens of indias constitutional rights.

 

The need is to file PIL from all over India.

 

ESIS

@Gupta ji... as I've mentioned "what legal claim can she stake on the property which is both in the name of husband and has been paid for completely by husband a few years after the marriage", what I meant is:

1. Property in the form of house was bought after marriage.

2. Husband is the sole owner of the property

3. Husband has paid for the property and is still paying EMI. No money was contributed by wife.

I want your guidance in terms of her request for right to residence. If the husband is ok to pay reasonable rent etc to the needs of  wife as decided by court, can she still claim right to residence in the same property even though they never lived in the property together?

@ESIS ji

You mean this PIL?

https://timesofindia.indiatimes.com/city/lucknow/Petition-in-Allahabad-HC-for-mens-commission/articleshow/41616763.cms

In DV case you can state to the judge , that you are ready to pay her the rent rather than keep her in your House . The judge would oblige to the same and she cant claim right to residence in the property. But the moment you state that you cant pay her rent than  your wife would come an park her self on your lap . Than she would try to screw your hapiness by stating that you have not adhered to the  protection order that has been passed and she would start proceedings u/s 31 of the DV act trying to throw you out of your own house :-).

 

Also you would have to prove to the court that even though the property is in joint names it is you who has paid the entire amount towards the property .She does not have any legal stake in the property .

 

Ultimately who earns in the end :-) :-) 

@stanley

good one!!! and true one!!!

Also you would have to prove to the court that even though the property is in joint names it is you who has paid the entire amount towards the property .She does not have any legal stake in the property .

 

I don't understand this. Is nobody reading my question?

Husband is the sole owner of the property

That should clarify that the property is NOT jointly owned. All I'm asking for advice is -

Under the garb of right to residence - Can the wife cause any encumbrance which could affect the sale of the property?

I note ur clarification that the property is owned by u only. Still wife can demand for right of residence in matrimonial house. But you can submit to the court that in view of her conduct u are not in a position ot accommodate her  in ur house, but offer her rent for alternative accommodation.

@ Author 

High time for you to take admission in a school study english once again . Read your words properly below which has been stated above

.

"property which is both in the name of husband "

 

Now prior to any order being passed you have every right to sell of your  property . 

 

Property under the question is standing in the joint names viz., you and your wife so at the time of selling the property you shall have to require her signature upon the Deed of Conveyance to corroborate the character of your purchase deed just to make the title of the property identifiable and marketable.

I F YOU DISAGREE TO STAY WITH YOUR WIFE UNDER THE SAME ROOF YOU CAN PRAY BEFORE THE COURT ACCORDINGLY ASSURING SEPARATE ACCOMMODATION FOR YOUR WIFE AT YOUR COSTS AND EXPENSES.

Dear Mr. Roy,

The querist has clarified that the property is not in jt names.

Thanks you everyone, my query has been answered properly.

 

@Stanley Ji,

two things , all in good humour

You've to read the whole prose to come to any conclusion so afaik "which is both in the name of husband and has been paid for completely by husband" is correct and even if it isn't, then also,  if only I had written "both in the name of husband and wife", then it would have conveyed your perceived meaning. Sadly, I haven't written that.

Secondly, "Read your words properly below which has been stated above" should be 'Read your words properly below which have been stated above" because "words" is plural and "has" is used for singular.

 

So lets both go for admissions together! Maybe we'll get discount

If it is your self acquired property, your wife cannot claim a share in it, if she claims right to residence, you may offer her accommodation ina rented house and can alienate this property at your own will and wish. Nothing forbids you from selling your own property.

If / After the HMA Amendment Bill becomes an Act - in its present form - wife will have a claim to the self acquired property of husband. So what precautions to take at present , given that divorce proceedings take time ?

Sir...can i asked to judge to stay her in shelter house.......if she want  right to remain in my house.....??????/