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Joint Property And Separation Hindu Marriage Act


02-May-2023 (In Property Law)
Hi sir i have a jointly owned property with husband. Hes paying emi for that and i pay emis more than my salary for loans he forced me to take. I came to delhi with his consent for job and stay with my parents. He was posted at west Bengal and i was at Bangalore in rented accomodation. He vacated my house forcibly in my absence and informed everyone that i left his house in his absence though i had been paying rent from Delhi since rent agreement was in my name. Hes now asking me to give power of attorney in his favour since has paying emis. All these 18 mths he just gave 30000 to me as help. Now he says hes in deep debt n we should fike divorce n i dont want divorce. Can he force me to sign poa or give divorce. What are my rights. If he filess partition lawsuit can he claim emis he has been paying. I am left with nothing in life for financial security. I devoted everything to him n hus daughter. Hes throwing me out of life. Pls guide
Answers (3)

Answer #1
739 votes
Hello ma'am. Your husband cannot force you to sign a power of attorney nor can he dispose off the property without taking an NOC from yoh. In case he files for divorce you can always contest the same and in the interim file. For maintenance for you and your daughter. Please feel free to reach out to me in case you wish to discuss the matter in detail.
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Answer #2
538 votes
hello Sonia Ji
I have read ur full problem which ur facing with your husband attitude as well as with the married life. the sinario which you have explained is very much cruel in nature and are they expect of playing. game and trying to grab your full.property on the name of trust and love .as your husband is claiming the power of attorney from you for the property for which you have the most of the EMI and in 18 month your husband sender you rupees 30000 only on the name of expenses in this matter you should take legal steps so you husband is able to understand the meaning of cruelty in his life .your main answer your husband is not at all liable to claim anything. from you .but you are having full authority to claim everything from your husband so my suggestion to you is tht you should start claiming your rights now.
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Answer #3
864 votes
Query perused. I would advise you to file a maintenance petition under 125 of the Crpc at Delhi Courts and seek maintenance. Further he can't force you to give divorce. He has to prove on what grounds he is seeking divorce. For further consultancy and legal services you may contact us.
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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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