I have file filed petition for divorce under Section 13 HMA. Me and my wife are joint owners of a flat. The flat is financed and I am bearing all the EMIs. The flat was given on rent before our separation. The tenant deposits the rent in my account. Now the rent agreement has expired. I and the tenant wish to renew the rent agreement for further 11 months. But my wife threatening him to vacate the flat saying that she is the only owner and he is living in her flat without her permission. What kind of action me and/or tenant can take to stop her threatening so that the tenant can continue residing in the flat without trouble?
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You need your wife consent to renew rental agreement as she is joint owner of flat
2) if full consideration has been paid by you file declaratory suit that you are absolute owner of flat
3) seek injunction restraining wife from selling the flat or creating any third party rights pending hearing and final disposal of suit
Technically your wife too is joint owner. You being landlord can let out the premises do go ahead and get renewed the lease or tenancy agreement even though your wife is owner in respect of 50% of flat. A person can be landlord even though he may not be owner of property. There is apprehension that your wife may be intending to enter the flat and to take possession of flat so go strategically and continue with present tenant by extending his tenancy.
She needs to approach court for an order of injunction. In that case court will pass orders
- Since, the said flat was given on tenancy before the separation , it means that the said tenant is having consent of the joint owners of the tenanted premises, and hence your wife cannot say that her consent was not there .
- Further, as the said property is joint ownership , then she has no right over entire portion of the property and she cannot considered herself as single owner of the property.
- Further , if she is creating trouble for the tenant , then tenant can file an Injunction suit before the court for restraining her from taking possession of the tenanted premises forcibly .
- Further, if you are paying emi of the said flat and no payment has been made by your wife, then you can be declared as single owner of the flat after filing a suit for declaration before the court.
She is also the joint owner of the flat hence without jher consent you cannot let out or renew the rental agreement.
If she is unwilling or reluctant to sign the agreement as a joint owner, you cannot force her neither you can enter into the agreement on your own alone.
You ma be paying the EMI, but that will not make you to own the entire property.
If you want to claim the title or the ownership of the entire property then you have to file a suit for declaration to declare the title to your name for the reasons and the documentary evidences yo rely upon, but that will take time.
In the meantime if your wife is filing an injunction suit against you and the tenant to restrain yo from letting out or renewing the expired rental agreement, the court may pass a temporary injunction as prayed for by her, in that case you will have to unnecessarily participate in the civil litigation and waste your time, energy and money due to the civil dispute.
Dear Client,
To renew the rental agreement for the flat, it is essential to obtain your wife's consent, as she holds joint ownership.
In case you have provided the entire consideration for the flat, you may consider filing a declaratory suit asserting your absolute ownership rights.
As a precautionary measure, you can also seek an injunction to prevent your wife from selling the flat or creating any third-party rights until the suit is heard and finally resolved.
please confirm who is the first owner and is it a joint loan?
