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Can I give my husbands flat on lease and sign the agreements


06-Jul-2023 (In Landlord/Tenant Law)
I am a housewife living with my children in Mumbai and my husband is the owner of the house. We have 2 houses.However, due to some complications we have disowned him and we are estranged. I don't know where my husband lives and he has not visited us since 2009. Since the pay the electricity bill and maintenance, I'm in due process of changing this house to my name. But my question is - Can I give my other flat on rent to anybody? Can I sign for it since I'm his wife? My society keeps telling me that I can't give the flat on rent because I'm not the owner. Is that true?
Answers (1)

Answer #1
356 votes
Since your husband is legally the owner of the flat, you cannot sign rent agreement on behalf of your husband. This will amount to forgery. You can only sign the rent agreement on behalf of your husband if he has issued a power of attorney. 
Therefore it is advised that get the title of the property transferred in your name and then rent the flat.

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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