Stay from selling property
RAJAGOPALAN NAIR
(Querist) 07 November 2015
This query is : Resolved
A lady filed two separate suits in Family Court at Mumbai for conjugal rights (civil) and maintenance under Section 125 of Cr.PC. An order is passed for restitution of conjugal rights against her husband who is working in Gulf and having live in relationship with another lady. Maintenance suit is pending. In both cases, the Respondent is not appearing in Court.
The husband is having self acquired property in Tamil Nadu. He is trying to sell the property himself or through Power of Attorney Holder.
The couple is having a daughter of marriagible age. Wife approached Family Court in Bombay for an Injunction from selling the property but the court said it does not have jurisdiction since the property is in Tamil Nadu.
Can the wife file a Civil suit or any other suit in Tamil Nadu and get a stay against selling the property since the wife and daughter have a right in the property. If not what is the solution.
Please let us have your valuable advise.
Thanks
Devajyoti Barman
(Expert) 07 November 2015
In matrimonial suit the court has no power to pass such order.
Only if you file case under PWDV Act, then only you will get such restraint order.
So proceed to file such case to get an injunction order asap.
Dr J C Vashista
(Expert) 08 November 2015
You can file an execution petition and get it transferred to Tamil Nadu and mention about attachemnt of the property.
However, your daughter can file a suit for permanent injunction restraining her father to dispose of the property in the district court, in Tamil Nadu, where the property is situated.
Contact and consult a local prudent lawyer for proper guidance, advise and proceeding.
Rajendra K Goyal
(Expert) 08 November 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Stay-from-selling-property-569511.asp#.Vj7aVrcrLIU
R.K Nanda
(Expert) 09 November 2015
repeated query.
Kumar Doab
(Expert) 09 November 2015
Repeated Query.
K.S.Srinivas
(Expert) 12 November 2015
Your daughter can file a suit for permanent injunction restraining her father to dispose of the property in the district court, in Tamil Nadu, where the property is situated.
