anilcochin (Proprietor) 14 November 2014

Attachment of property in divorce case

The first notice of divorce that I received is along with attachment of Property belonging to my deceased father. My father passed away in 2012. My wife filed for divorce in June 2014 with attachment of property for her stridhad and her earnings for 9.5 years of our married life. Reason stated was that they "strongly believe that the property might be sold"

My question here is:

1. Although my father has willed the property in my name. The property has not been yet transferred in my name. Since there is a attachment, I cannot transfer the property in my name.

2. Is such an attachment allowed, and if yes, how can the attachment be vacated.

3. Also deceased Father in laws property attachment for claims against husband. Is it allowed as per law.

4. My father was not alive when the dispute (Divorce) arose & how can his property be made a part of divorce proceedings.

Regards,

Anil

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6 Replies

Srinivasan (IT) 14 November 2014

Anil, this attachment is against the claim towards marriage gifts which are handed to husband and his family as a trustee and the same was accepted.

It is attachment before verdict. Is there any proof that you had received any gifts at the time of marriage?

Srinivasan (IT) 14 November 2014

1. Since there is attachment you cannot transfer the property 2. Normally this attachment will be vaccated at the time of final verdict. Yu deney all the alligations and submit a petetion to vaccate the stay. 3. yes it is allowed as per family court act.

anilcochin (Proprietor) 15 November 2014

I have signed in the SNDP (our religious denomination) register during the wedding ceremony for receipt of gold. Part of the Gold is in my custody. But she has filed that the entire gold is with me. I am ready to return what is in my custody. But she is also asking for her entire earnings of 9.5 years along with the gold.

We have one daughter 1.5 years old. I haven't seen her for the last 11 months. I have filed under G&W. The property needs to be taken care of. The case may take 4 to 5 years. If there is any border dispute (there are 6 neighbouring houses alongside the said property) or any other issues, am I legally allowed to represent as the property owner?

anilcochin (Proprietor) 15 November 2014

Srinivasan (IT) 15 November 2014

As your father has willed the property in your name you can represent. Yu are only responsible for the gold which is signed in SNDP registrar.

She cannot claim the expenses which she incurred for 9.5 years when she is with you.

Adv. Chandrasekhar (Advocate) 15 November 2014

1. You can represent in the property dispute as the legal heir of the property.

2. Unless her claim amount is clearly explained here, it is difficult to give clear advice.

3. You have to tell the court in clear terms that how much gold was the stridhan and how much she had taken back and how much is retained in your custody and your willingness to give it back to her in the presence of the court.

4. About her last 9.5 years earning, again it does not come into stridhan and strictly speaking it need not be returned. But if her earnings were very high and the expenses that could have incurred for her maintenance were not very much, then the remaining amount was her savings. So, if her savings have been usurped by the husband for the maintenance of joint family or for his own aggrandisement, then, she can ask for return of her savings of the last 9.5 years.

5. You can ask the family court to set aside the attachment order by moving appropriate application. If you can show such financial guarantee to the court to show that the court may set aside the attachment order, if you are intended to sell the property.