My husband and I have been estranged since 2009 and he hasn’t been in touch. We live in our family home in Mumbai, but he owns it. We also own another flat. I’m in the process of transferring our house into my name since I pay the bills and take care of maintenance. However, my society says I can’t rent out the other flat because I’m not the owner. Is this true? Can I legally rent out our other flat even though I’m still his wife?

Apni Law
Apni Law
Law Forum › Category: Landlord / Tenant › My husband and I have been estranged since 2009 and he hasn’t been in touch. We live in our family home in Mumbai, but he owns it. We also own another flat. I’m in the process of transferring our house into my name since I pay the bills and take care of maintenance. However, my society says I can’t rent out the other flat because I’m not the owner. Is this true? Can I legally rent out our other flat even though I’m still his wife?
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Apni Law Staff asked 2 years ago

My husband and I have been estranged since 2009 and he hasn’t been in touch. We live in our family home in Mumbai, but he owns it. We also own another flat. I’m in the process of transferring our house into my name since I pay the bills and take care of maintenance. However, my society says I can’t rent out the other flat because I’m not the owner. Is this true? Can I legally rent out our other flat even though I’m still his wife?

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Apni Law Staff answered 2 years ago

Under Indian law, even though you are still married, you have the right to rent out your jointly owned flat as long as you have your husband’s consent or a court order granting you the right to do so. The society’s rules cannot override your legal rights as a joint owner.

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Previous Article My PF claim was approved, but the money was sent to an unfamiliar bank account. I never applied for this withdrawal, and the account isn’t mine. What should I do?
Next Article My father passed away in 1993 without leaving a will. The property remains in his name. My mother passed away a year and a half ago, leaving a small, unregistered will. I have two sisters, one demanding an equal share of the property. The other hasn’t voiced her opinion yet. The property is on a long lease of 99 years, part of a flood-affected society established in the 1970s. My sister is aggressively seeking control of the property. What are the possible outcomes in this situation? How can we navigate this legally?

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