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Hemal (SELF)     09 September 2017

Difference between judgement and order in case of divorcee

Dear Sir Me and my ex wife for divorced 4 years ago thru mutual consent and during agreement, she had agreed to relinquish her share from our residential property, within 1 month of securing Decree. However, later she refused to do so tasking advantage of technical error in Order passed , where in this condition was missed to be mentioned, though clearly mentioned in the Judgement of the Order. I have applied for Order amendment, however, it is taking too long. Is it necessary to get the Oder amended, as the terms of Mutual consent are clearly laid down and judgement has clear mention of the same. Can anyone take advantage of this technical error? Regards H M


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 11 Replies

Raveena Kataria (Advocate )     09 September 2017

Hi, in my opinion, you can try moving another application to the same court u/s 152 of the Code of Civil Procedure for the correction of the aforesaid mistake in the order along with the copies of the order and judgement, highlighting the error.
However in my opinion, this technicality shouldn't come in the way of you retaining the possession of your property. If your wife persists, you can file a suit in the nearest civil court, although I'd advise you to take the help of your lawyer to get smoothly through all proceedings.

Kumar Doab (FIN)     09 September 2017

Originally posted by : Hemal
Dear Sir

Me and my ex wife for divorced 4 years ago thru mutual consent and during agreement, she had agreed to relinquish her share from our residential property, within 1 month of securing Decree. However, later she refused to do so tasking advantage of technical error in Order passed , where in this condition was missed to be mentioned, though clearly mentioned in the Judgement of the Order.

I have applied for Order amendment, however, it is taking too long. Is it necessary to get the Oder amended, as the terms of Mutual consent are clearly laid down and judgement has clear mention of the same.

Can anyone take advantage of this technical error?

Regards

H M

 

You may proceed as above.

Was Ex. spouse a title holder or Co-sharer in any sense in said property? 

Kumar Doab (FIN)     09 September 2017

Same Query:

 

https://www.lawyersclubindia.com/forum/Gift-deed-legality-of-a-property-jointly-held-153760.asp

Hemal (SELF)     09 September 2017

Thanks for guidance.  We have applied but on the day of her filing the reply, my lawyer could not attend the proceedings , and as a procedure, on filing reply, a hearign date is given  but the Honable Judge decided the case in absense of my lawyer rejecting the application.  Pls advise what course we must take now?

Regards

HM

 

Hemal (SELF)     09 September 2017

Also she made a Gift Deed for her share in property in name of her brother and got registered.  How this is possible when the share certificates are in my possession?  Now she is askign housing society to transfer her share to her brother's name in the share certificate.  Pls advise if this is legally correct to tranfer unilaterlly shares of a joint property to some one without consent or agreement of the other holder, that to without possesing the original Sahres?  Her name was put in the property as 2nd holder.

Hemal (SELF)     09 September 2017

yes, she her name appears as 2nd holder in the documents.  Can she transfer her share to her brother without possessing original share certificated? she did so and got the gift deed registered and now askign my housing society to tranfer to her brother's name.

Pls advise what needs to be done if at all this is legal to make such gift deed unilaterally?

 

Regards

HM

Kumar Doab (FIN)     09 September 2017

Apparently your lawyer performed his part upto which he/she felt that he/she  was engaged.

 

Forget about who, who, why etc etc now.

There is NO order to society restraining it.

Approach very able senior LOCAL counsel of unshakable repute and integrity specializing in such/Civil matters with all docs on record, case file to examine and opine on merits and defects............... 

 

 

Kumar Doab (FIN)     09 September 2017

Court alone can revoke the gift deed if any fraud is committed............

 

Siddharth Srivastava (Advocate)     09 September 2017

File suit for declaration and permanent injunction.

Radha Krishna   10 September 2017

Sell the property and invest money somewhere else in some others name.  Once your wife files a suit, your property is stuck in court for life.  Dont tell anyone.

Kumar Doab (FIN)     10 September 2017

If there are two title holders you alone may not be able to sell the entire property.

Try if you can sell undivided share.

If you have already tried, post if you could.

It is difficult and even may not be possible.

 


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