Life maintenance
basavaraj shiromani
(Querist) 26 June 2012
This query is : Resolved
Husband made a registered life maintenance deed in favour of his first wife subject to condition that she should not transfer it, or create charge and must personally cultivate the land kept for her life alimony. Accordingly she has got entered her name in the record of rights at owners column. subsequently after one year, due difference of opinion she filed a bare injunction suit where they compromised that, husband should not disturb her possession and wife should not create any type of charge and hand it over to anybody for cultivation. accordingly compromise decree was filed. there after, again the wife, with intends to return back the land to her husband made an affidavit and relinquishment deed in favour of husband by receiving 26,000 rupees as per life alimony stating that she has no rights in the landed property as she left it by receiving her maintenance. Accordingly husband's name has been entered in the record of rights. but after lapse of 25 years that wife again challanging the name of her husband in the record of rights on the strength of registered maintenance deed and compromise decree
1. Whether registered maintenance deed is it gives absolute rights over the property in favour of wife as stree dhan u/s 14 of hindu law
2. whether she will become the absolute owner of the said property
3. whether she can sell it
M/s. Y-not legal services
(Expert) 27 June 2012
since 25 years has been elapsed, she have no rights over the property. more over its happened with in her knowledge only.
according to sec 14 of hindu law no rights can be given to the wife in the given facts.
surely she cant sale it. if she sold mean the buyer's right will be in trouble.
-y.not legal services-
ajay sethi
(Expert) 27 June 2012
wife has by relinquishment deed relinquished her rights on said property .after 25 years she cannot now claim rights over said property . she has no right to sell the property
venkatesh Rao
(Expert) 30 June 2012
By executing relinquishment deed she has given up all her rights over the property for consideration of Rs.26000/= The given facts clearly indicate that she can not take recourse to sec. 14 either.
