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How Wife Can Claim On The Co Owned Property Of Husband And Mother Inla


08-Feb-2025 (In Family Law)
Husband and mother in law co owned a 2bhk flat before marriage. After after due to constant conflicts, Husband moved out with wife to a rented house without taking his share and kept on paying EMI of the house. Wife was not ok with this dual financial burden of rent and EMI. MIL and FIL have pension and stay loanfree and rent free in the co-owned flat. Husband sister is divoerced and also stays in the co-owned flat. Now wife has objection to this as her inlaws are enjoying loan free and rent free life and she has to adjust and lower her lifestyle due this. What she can do legally in this situation. What, how she should proceed further.
Answers (2)

Answer #1
943 votes
You can seek partition and possession of the flat co-owned by the husband and mother in law. Alternatively, you can mutually arrive at some agreement to either seek surrender of their share in the property for a price or you can surrender your right for a price. Feel free to contact me for seeking any legal advice as regards the same.
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Answer #2
534 votes
Husband is the Co owner he is eligible to claim for his share, by executing the notice for eviction, settlement, for selling out the property and giving his share etc. Separate Notice can be sent to the sister for eviction as that is not her property
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