Notice to housing society
anki
(Querist) 04 July 2013
This query is : Resolved
May any one send me Format of notice to Housing society about share of first wife in flat which is on Name of her husband.
points.
1. Husband got ex-parte divorce against wife.
2. Husband does second marriage.
3. Honorable high court set a side the ex-parte divorce order.
4. Flat is on Name of Husband only
5. Now wife want to issue notice to Housing society that society should not provide NOC to Husband to sell his flat without her (fist wife) consent to sell
Rajendra K Goyal
(Expert) 04 July 2013
No ready made notice exist, Notice drafting depends upon each case requirement. consult your lawyer to draft one as per your need.
Raj Kumar Makkad
(Expert) 05 July 2013
We do not provide the ready-made formats.
Hemant Agarwal
(Expert) 06 July 2013
1. The property in the sole name of Husband, seems to be self-acquired. The wife cannot claim any rights on the said property, but may claim Maintenance and/or Alimony or settlement amount, depending on various parameters. The wife cannot lay any claim on Husbands property, till death / divorce.
2. The wife has no jurisdiction in property of her living husband and being a non-title owner or a non-member, the wife cannot direct any society to refrain from doing anything that is as it is legal.
However in the light of the HC quashing the ex-parte divorce order, technically the wife regains the legal title as a wife to her husband, without any Maintenance and/or Alimony or settlement amount.
Keep Smiling .... Hemant Agarwal
