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Tenancy Agreement by a joint holder of the flat
06-Dec-2023 (In Property Law)
I have a flat in Mumbai which was purchased in the name of my Wife and I am a joint holder. I have filed a divorce case against my wife under section 13 -1(ia & ib). Flat is presently in my possession. Till the Divorce case is concluded, I want to give this flat on leave & License. So I would like to know if I can sign the tenancy agreement or is it necessary to have my Wife's signature on tenancy agreement. I am Hindu by religion.
This is my response to you:
1. You are the joint holders of the flat so you cannot mortgage or sell or rent it without permission of your wife;
2. Infact the property is also a matter of dispute in the divorce proceedings because she will ask for her share;
3. You will have to seek her permission to rent it out;
4. Consult a local lawyer and take steps.
1. You are the joint holders of the flat so you cannot mortgage or sell or rent it without permission of your wife;
2. Infact the property is also a matter of dispute in the divorce proceedings because she will ask for her share;
3. You will have to seek her permission to rent it out;
4. Consult a local lawyer and take steps.
Helpful?
Adv. Gowaal Padavi
Mumbai | 500+ 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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