Very very urgent
Chiranjeev Lamba
(Querist) 05 March 2014
This query is : Resolved
Hi Experts,
tomorrow i have date for the DV act. My lawyer suggest that my mother will say in the court that she cannot stay any longer with my wife (she is currently residing with my mother and i m residing outside) in the same house as she is old age lady and she will sell that house and give the share of her husband and she can take the same from him (Just to rap up the case earlier). My question is can judge stop my mother to sell her property and give the proper share to her son and his wife.
My wife very proudly saying that my mother cannot sell that proper as judge will not listen to her any more.... she have to suffer the pain long and long.
Thanks
Chiranjeev Singh
Chiranjeev Lamba
(Querist) 05 March 2014
My wife and my mom both have dv act counter blast on each other and i am the respondent from both side. My wife resides in my mom house and i m residing out of the house due to noicense. My wife want to reside in the same house. but my mom is saying that she cannot stay here as she don’t have good relation with me any longer..... Just to wrap up the case earlier my mom wants to give me my share of the house and want to sell the current one.... this is what she is going to tell the court that she want to sell the current property and want to live peaceful. Can court stop my mother to sell the current property as she is ready to give the share of my side to me and to my wife...
Rajendra K Goyal
(Expert) 05 March 2014
She can sell the house if it is in her name if there exist no stay from court. No need of telling the court.
Chiranjeev Lamba
(Querist) 05 March 2014
yes but my is residing in same house and not one is ready to purchase as they think that this is disputed property.... My only question is if my mom is ready to give her another house they why mom cannot sell this house if she is the owner..... and why court will stop her to selling this house as my wife will get her share.
T. Kalaiselvan, Advocate
(Expert) 06 March 2014
First thing is that there is no court order restraining your mother from selling or disposing the said property. If your mother is having a proper, absolute and marketable title over the said hose property, she can very well proceed with her decision to dispose the same in any manner she desires to do so without waiting for any one's permission including court. If the buyer does not wants to buy due to the ongoing problem, look for another buyer, also it is a local issue which needs no legal solution. Once the property which purely belongs to your mother has been sold to someone, your wife cannot continue to squat there, she has to vacate. as far as law is concerned, it is the husband of the wife to provide her proper residence and it is not the duty of mother in law to provide the daughter in law with accommodation especially during the life time of her son.
