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Rajesh (Officer)     02 December 2012

Can mother's property be attached and recovery be initiated?


In my wife's claim petition she has made various false contentions against me, my father & mother. She claimed an exorbitant amount of Rs.20 lakhs in lieu of the dowry articles (which she claims that she brought our home after the marriage) and for the mental agonies caused to her . As a security for the 20 lakhs claim amount , she wants an attachment on my mother's self acquired property. 

My doubts.....

1) Can mother's (a senior citizen) self acquired property be attached and recovery be initiated? If yes,what can  I do to prevent the attachment?

2) Any judgements are availaible on the  relevant matter?

your valuable opinions & suggestions please......


 9 Replies

Tajobsindia (Senior Partner )     02 December 2012


I take this is DV Act Complaint we are talking here. Because in a Dream Violence Act complaint matters petition writers give these kind of local flavors J

1. The reply is no Court can attach any other property not in registered name of yours PERIOD. 
2. File Registration documents of said property in Jurisdiction Court where she is inducing such dreams that also upon a ld. Magistrate! 

Msk-need -nuetral- laws (self)     03 December 2012

Hi Rajesh,

I had checked with my lawyers on simialr lines, the properties registered in your name only can be attached.

Plus my suggestion, if you are contesting the case, if you are a lucrative earner, take leave for time being to your job and pursue higehrs studies with possible loans and fight the case. By teh time you finish your case, you can show lat two year IT as null and as student you can owe less maintenance to your wife.




K.K.Ganguly (Advocate)     03 December 2012

1) No, your mother's self acquired property can not be attached in the instant case,

2) Relax.

JANAK RAJ VATSA (ADVOCATE)     03 December 2012

no need to worry. remove the anxiety state from your mind. your mothers property cannot be touched.

Rahul Sharma (Others)     03 December 2012

Even if its an ancestry property, please confirm

rajiv_lodha (zz)     03 December 2012

Be clear, in whose name the registery of this suit property stands?

Rajesh (Officer)     03 December 2012

The property is registered in mother's name..........................

The petition filed by wife is for recovery of money and rate of articles filed under section-7  read  with  section-26  of the Code of Civil Procedures,1908.

Myself, My father, My mother are the respondents in the petition.

kalyan (engineer)     04 December 2012


The person who lodges allegation has the responsibility of proving the same. Let your wife prove that she brought 20 lakhs to your home. Apply for TEP. If she fails to show the sources of income, forget about this allegation. No property can be claimed by wife unless she justify her allegation. 

Did your mother purchase the property after your marriage? If your wife proves that she brought 20 lakhs, your mother needs to produce the sources of income for buying that property in her name only in the case the property has been purchased after marriage. ;)

Rajaraman (Legal consultant)     04 December 2012

The property purchased in your name during the period of marriage alone could  be the subject matter of attachment and that too after providing documentary evidence of your wife's providing funds from her hands or from the so called dowry,  to the satisfaction of the other situations, you need not worry..



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