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) 08 November 2015
Wife shas no share in the property if her husband and hence she can not claim for the same.
However she can in a case under PWDV Act ask for injunction so the property standing in the name of her husband may not be disposed of during the pendency of the DV case.
If it is house property the wife can apply for her residence right in it.
Rajendra K Goyal
(Expert) 08 November 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Stay-from-selling-property-569516.asp#.Vj7aWLcrLIU
R.K Nanda
(Expert) 09 November 2015
repeated query.
Kumar Doab
(Expert) 09 November 2015
Repeated Query.
Anupam Lahiri
(Expert) 11 November 2015
There is no applicability of PWDV Act in this case.
The basic point to note is that the injunction against any property has to be obtained from the court having local jurisdiction.
The present case is only for maintenance. Generally, the sale for dispossession of property is not stayed. It can be stayed only when the maintenance is ordered and the court is of opinion that the dispossessing was to deprive the maintenance right.
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.
