Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Nitin   30 March 2019

50 yrs of marriage, wife have right on husband's property?

71 years old having wife and married childrens gives matrimony ad in newspaper. After meeting various womens aluring them with property and money, few get ready to marry 71 years oldie. Oldie choosen one, trying to sell home, get cash and run away with new lady(wife) without giving a single rupee to real wife. Oldie's property is self aquired and has already declared its my own property and I am not going to give anything of it to anyone (wife and childrens).

Can the wife, if not childrens claim any right in the property or challenge/stop the property deal?

 



Learning

 8 Replies

Nitin   30 March 2019

It is a matter of high embarassment that the family is going through so I have asked to the point question as the oldie has gone crazy for women and there is no other solution that is going to work still if there are any legal aids considering the problem then please guide.

 

 

Vijay Raj Mahajan (Advocate)     30 March 2019

The wife of this stupid oldie has right to claim maintenance from him and its his responsibility to maintain her and even provide place of residence and all necessary facilities for her need in that house. Now unfortunately the wife can claim all these from him but cannot stop the man to sell his self acquired property. The court can make him to provide all this at his cost but cannot stop him from disposing his property. Yes ad-interim order for induction can be allowed from his disposing his property unless he arrange place for her stay with all facilities and start paying her monthly maintenance. His defense being old, unemployed and without source of income will fail as his working out a second marriage and disposal of the property, all this will go against him in court proceedings. No doubt this big embarrassment for the whole family, especially the children and grandchildren, but one can't do anything else but to proceed legally against him. In hindi I'll call this " buda satiya gaya hai"

Vijay Raj Mahajan (Advocate)     30 March 2019

The wife of this stupid oldie has right to claim maintenance from him and its his responsibility to maintain her and even provide place of residence and all necessary facilities for her need in that house. Now unfortunately the wife can claim all these from him but cannot stop the man to sell his self acquired property. The court can make him to provide all this at his cost but cannot stop him from disposing his property. Yes ad-interim order for induction can be allowed from his disposing his property unless he arrange place for her stay with all facilities and start paying her monthly maintenance. His defense being old, unemployed and without source of income will fail as his working out a second marriage and disposal of the property, all this will go against him in court proceedings. No doubt this big embarrassment for the whole family, especially the children and grandchildren, but one can't do anything else but to proceed legally against him. In hindi I'll call this " budha satiya gaya hai"

Shashi Dhara   30 March 2019

Veryinteresting file suit for maintenance and also partition of property along with children's. Take stay not to alienate the property until suit is decided. Pull the case as many years as possible.after10yrs who is dead o alive who knows.y advocates and court is.

Nitin   30 March 2019

Thank you very much Sir. So 4 points coming here :

1. interim order for induction from disposing property

2. partitation of property - i hope this means wife's equal share

3. stay on not to alienate the property

4. maintenance

The oldie has been advertisement in newspapers like -

"wanted live in partner for retired officer earning pention, rent, having big house and agricultural land"

"wanted unmarried lady who can give heir to retired officer earning pention, rent, having big house and agricultural land"

Oldie got more than 50 responses of ladies age from 30 to 60. Oldie met each one of them in hotels, garden and shortlisted on 2 3 for marriage as the property gets disposed off and whom he calls at night for sweet romantic talks. Hopefully next month he is receiving first installement of 1 cr. and will have to leave property within 3 months. Bedridden Wife, Unemployeed Son keeping watch on everything but unable to resist or take a stand against thinking to let go until possible. Please also suggest can these things be of any help legally. Can he stay with live in partner or get married throwing away wife and son?

 

Shashi Dhara   30 March 2019

When he was doing such act y all of u kept quiet If u take stay in court he was coming to compromise.if he takes money and run away with other lady what can u do .the purchaser has right to evict u So approach advocate immediately

Nitin   30 March 2019

Sir being oppressed and powerless we could not collect courage to do anything as it will mean raging a full fledged war against husband/father which will be looked as bad in our Indian culture. Purchaser will publish a notice in not so known newspaper as the oldie suggested so would it be good to respond to notice then. Though staying under different roofs but in same premisis and raging a war becomes difficult.

Shashi Dhara   31 March 2019

If u have any relatives or friends who r well wishers of Ur family take there help.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register