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Brothers wife forcefully residing in flat owned by us
18-Aug-2023 (In Family Law)
The flat is jointly owned by me 1st owner & my brother 2nd owner.My brother has recently filed for a divorce case against his wife. His wife has keys to all the locks of the flat so we decided to change the outermost lock as we did not want her to enter without our permission. The key for this new lock wasn't there with his wife. With support of few society members, she entered the flat by breaking open the lock and also did panchanama without my permission. Police officials are not ready to take the complaint as they say this is a civil matter. how can we take action against society/wife?
You cant take any serious action to prevent her from entering in matrimonial home "As she has equal right in husbands property" until final order of divorced and until final order of separation and partition of the property belonging to husband.
You either remove your brothers name from flat's title deed.
or
Sale the flat to any other person out of family.
Feel free to contact for legal support in pune.
You either remove your brothers name from flat's title deed.
or
Sale the flat to any other person out of family.
Feel free to contact for legal support in pune.
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I would like to know under what section is the divorce filed by the husband against the wife! And I would also like to know the current position and status in the matter going in court! There are certain remedies against the wife for not entering the property which we can discuss in details!
Helpful?
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Adv. Darshan Subhash Oswal
Pune | 100+ Answers
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Hello,
Firstly I would inform you that till the time your Brother & his Wife are not officially divorced, your brother's wife has a legal right to reside in the said Flat as your Brother is a Co-owner. Only after the Divorce is granted, you can stop the Wife from entering in your House.
For doing that, you'll have to file a Civil Suit for Injunction against the wife from entering your residence premises and for clarification that your Brother's wife has no legal right to reside in the flat.
Firstly I would inform you that till the time your Brother & his Wife are not officially divorced, your brother's wife has a legal right to reside in the said Flat as your Brother is a Co-owner. Only after the Divorce is granted, you can stop the Wife from entering in your House.
For doing that, you'll have to file a Civil Suit for Injunction against the wife from entering your residence premises and for clarification that your Brother's wife has no legal right to reside in the flat.
Helpful?
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Adv. Kamran Shaikh
Mumbai | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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