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Advice on Renting a property in bangalore


10-Mar-2024 (In Property Law)
i have against me 498 /dv and divorce case against me from my wife. we both are co owners of the property and co applicant in home loan taken. i am the primary applicant. as i lost my job wife was paying emi but she moved out of the property and stopped paying emi. i got a court oder and moved into that property but i am unable to pay emi and she refused to pay half of the emi. can i rent out the proerty to save the property without her consent. what if i does that . what will be consequences ?
Answers (1)

Answer #1
825 votes
yes you are free to rent the property as you are also the owner, if you rent that and pay the emi there is no such consequences as you do not have a job you can rent it for your necessity, do not know on what reasons you got the court order and moved in, if you have stated that you want to reside there so court granted you the order, then you have to keep an explanation ready as to why you had to rent it as she may approach the court to cancell that order. further if you were having job that would have increased your income which could have been considered if she files any application for maintenance, further under section 24 of Hindu marriage act you too can file application for maintenance from wife if you do not have source of income.
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