Court stay order on ancestral property of husband by wife

Dear Ms Manisha, 

After going through your query it seems to me that it is an academic one but let me answer try and give a reasonable answer:-

1. No, if there is a stay order, no transfer can be effected on the property covered by the stay order. 

2. A wife is not coparcener in husband's property. It is only after death of husband, a wife becomes class I heir to his property. This is as per Hindu Succession Act, 1956. Further, wife cannot forcefully claim husband's property. Although she can claim maintenance u/s 125 Cr PC if he is not maintaining her properly. 

3. A wife can pray for a stay order on transfer of any of his property (not just ancestral), if there is a suit or other judicial proceedings pending between them. As a matter of fact any person who is a party to suit/other legal proceeding, can pray for stay on transfer of property by that person. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh. 

Disclaimer:- opinion is only for guidance. 

Sir, on what basis then has she brought a stay order? Also they haven’t been married in court. 
if she cannot claim a share forcefully how can she get a stay order. She has been given full monthly maintenance , property in her name etc etc. How do we fight this?

Dear Ms Manisha, 

In order for me to answer properly I need to know some facts.  I won't be able to guide you if half facts are before me.  

Please provide facts of the matter. 

Regards