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Anonymous
in Property Law
Asked May 13, 2017

Ownership of House

  • 1 Answer
  • 507 Views

Me & My wife had purchased a house ( House B) . That time on 28th feb 2000 the house B was purchased on her name from revenue generated by selling our earlier purchased house ( (House A) where both had contributed money from our salary savings . Now House B is on my wife's name I am associate member on the share certificate . She is now forcing the society to remove my name as associate member & replace it by my Sons name . Kindly advice how can I protect my share & leave peacefully there in the house as on many occasions has threatened me & have stated that she will not allow me to enter the house . I have spent huge amount during purchasing & developing the house

Answer 1

As per Section 44 of the Transfer of Property Act, you are a co-owner of the property. When a property is owned by more than one person then it is called joint ownership. The very fact of the reference to the property that the parties have certain shares, indicates that they are co-owners. In your case, the property has been bought with money contributed by both your wife and you, as generated from your previously owned joint-property. Title to the property is not the sole determinate of ownership. Moreover, your name on the share certificate holds proof of joint-ownership.

If a co-owner is deprived of his property, he has a right to be put back in possession. Such a co-owner has an interest in every portion of the property and has a right irrespective of his quantity of share, to be in possession jointly with others Therefore, you have rights to the property and cannot be denied access to it.

Also, your wife can only insist on transferring her share of the property, and cannot interfere with your rights over it. If your wife prevents you from entering your house, you can file a police complaint and charge her with the offence of wrongful restraint under section 339 of the IPC,1860 (Indian Penal Code).

 

Sources:

 http://www.legalserviceindia.com/articles/plaw.htm

 https://indiankanoon.org/doc/278610/

 

Research by - Sreeja Pal, Lawfarm 

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