Property attachment

Ram (Querist) 01 April 2015 This query is : Resolved
Initially wife filed 125crpc. during pendency of 125crpc she filed another suit for maintenance under Order 7 Rule 1 cpc. Court ordered to pay rs.4000 monthly in 125crpc.

1) After I paid arrears of monthly maintenance amount through her bank account and have been paying her every month rs.4000, WILL THE COURT CREATE CHARGE OVER MY PROPERTIES at the end of suit?

2) I have sold all my three properties during pendency of suit for maintenance. even after that Will the court still CREATE CHARGE over my properties? There was no injunction order when I sold the properties?

3) How is it possible to CREATE CHARGE if the ownership is transferred to some one?

4) what is the necessary to CREATE CHARGE when I have been paying her monthly maintenance?

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Devajyoti Barman (Expert) 01 April 2015
1. No, if there is no arrears.
2.If you have immoveable property then charge may be created over your moveables, if any.
3. Already replied.
4. Ask your wife.

Rajendra K Goyal (Expert) 02 April 2015
1.& 4. No in absence or arrears, charge will not be created.
2.& 3. You have sold properties, charge would not be created on these.