Procedure

krishna (Querist) 16 August 2016 This query is : Resolved
Sir, I have filed a divorce case on my husband which is pending. My husband was running a shop from a property which was joint family property(HUF) owned by my father in law.My father in law has now sold that property which was the only source of income of my husband.
Query;
1.Can I challenge the sale of that property?
2.What steps can I take. The custody of a minor son is with me.

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Dr J C Vashista (Expert) 16 August 2016
1. You have no right, claim, interest or title in the HUF property. Accordingly if you challenge the sale of property it will fail.
2. Your son is "one of the member/ coparcener" in HUF, you may challenge the sale through him.
Consult a local prudent lawyer for proper appreciation of facts, circumstances and documents; guidance and proceeding.

P. Venu (Expert) 16 August 2016
Why you want to challenge the sale?

krishna (Querist) 16 August 2016
property was the only source of income of my husband.
Can i file Section 39 of the T. P. Act

Rajendra K Goyal (Expert) 16 August 2016
Agree with the expert Dr J C Vashista.

Shonee Kapoor (Expert) 19 August 2016
Agreed. You have only right to maintenance from yourself and your minor child/ren.

Regards,

Shonee Kapoor
www.shoneekapoor.com

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