Hardeep singh (md) 10 February 2012

Ancestral property attachment in 125crpc interim maintenance

Hello Dear All

I have question, my wife involved me in false case of 498 then filed 125 crpc case and then filed Dv act case and then filed divorce case, judge passed order in her favour and awarded her 2000+1000 (for my child) = 3000 as interim maintenance, now she filed execution and demanded 42000/- for 14 months and demanded attachment of my ancestral property which my great grandfather given to me and my brother (50% equally) through will ( some aggricultral land, 1 shop and 1 residental house )

1. my question will judge attach my ancestral property in 125 interim maintenance execution if i donot pay

2. how i can save my property from attachment.

3. can i transfer my 50% property rights now to my brother or mother.

4. what is the way to save 9% stamps duty fee when i transfer my property to my brother or mother.

5. can i use "surrender deed" or "relinquishment deed" to transfer my property to my brother or mother because somewhere on internet i read that this will cost 1 % stamp duty fee or 30000/- to execute this type of deed whichever is less.

a) also tell me is it possible to execute "surrender deed" or relinquishment deed" to my younger brother or mother in Jalandhar, Punjab because sale deed or gift deed attract ( 9% and 4% stamp duty charges when executed)

b) Is it right time to transfer my property to my brother name or mother name, because court already know about my ancestral properties and know 50% share is in my name in the case of execution application of 125 crpc interim maintenance case.

6. My wife self advertised about her re-marriage in newspaper without obtaining divorce from me, her self filed divorce case to get divorce from me, but judge did not consider this fact, i filed RCR before lodging the FIR near about 20 days ago before the FIR but judge did not consider this. and awarded her maintenance.

7. I appealed against the order of judge in session court but got my appeal got dismissed.

8. now the first date for my appearance in the court is 22/2/2012 tell me how i can save my property from attachment I donot want to pay even a single penny to my greedy wife.

9. i am ready to pay 1000 which judge awarded to my son, but dont want to pay 2000 per month to my greedy wife who destroyed my reputation, my life, my business, my family, my everything.

10. somewhere i hered that courts cannot attach ancestral properties (aggricultral land, shop and residental house) which my great grandfather given me and my brother 50% equally.

11. please provide me judgement regarding that ancestral properties courts cannot attach in the execution of 125 interim maintenance orders.

12. please provide me reply in the 125 crpc interim maintenance attachment case about the non attachment of the ancestral property.

Please reply my every question with solid proofs and judgements so, i can fight back.

Regards,

Hardeep

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5 Replies

Tajobsindia (Senior Partner ) 10 February 2012

A poorly managed case brief before us.

She has proved that this woman lives or has lived with you in “ancestral property” in a conjugal relationship or in a familial relationship and meanwhile prime facie interim maint. case progressed to award stage followed by its Execution is what reflects from this brief before us.

1. Any of those transfers of title / rights attempt that may be made NOW by the male member will go against him. These ancestral property 50% share by way of will you share with your brother - Right! If husband has got 50% title on ancestral property then in my opinion why she can't Execute pending arrears as attachment from that 50% share whose rights you hold ? Or maybe I am not reading between lines..........

2. If she advertises for her re-marriage after filing S. 498a + DV complaint + divorce + S. 125 CrPC that itself shows strong signs that she is interested to break free from her present marital bonds with you and I donot feel anything wrong she has committed by such advertisement as no law stops her to do so until she commits second marriage which first is surviving – the court’s sympathy is with her ! Well she has not re-married without seeking divorce from you.

3. RCR filing is waste of professional fees that got spent here as on one side you donot want to pay arrears and no reason stated in your brief other than some share in properties + there is a S. 498a IPC read with DV Complaint case pending and in same breadth you want her to provide you your conjugal rights. How on earth that may be the motive / happen !

The only advise that I may give is give the arrears and seeks respective Courts assurance to put entire cases on 'fast track' i.e. the sum total cases on fast track, as I donot see any grey areas in wife's side which could end up being contested by you or your brief before us seems to be incomplete on talks of what qualifications and abilities she has as far as income generation is concerned and what is neglect on your part that interim maint. was awarded ……..whatever more or less facts before us the ancestral property share should have been gift deed transferred to female members of your side by paying less stamp duty the date wife left the matrimonial home not NOW when Executio9n Court bailiff is after you!.

This is a fit case for opting soon for MCD to get over with sum total cases damages and thus save rest of the properties ASAP than spending litigation years saving the same which anyhow will start getting to go from your hands as you are a soft target here.

BTW if the child is in her custody and no custody claims filed by you then via the child in near future she can claim rights of property share for her child too so better to sit and calmly decide which direction you want the light at the end of tunnel to illuminate you.

adv. rajeev ( rajoo ) (practicing advocate) 10 February 2012

When she is interested in re marriage and she has also given advertisement then it amounts that you have not negleced her willfully, so challange the maintenance awarded order in the Dist., court.

sridhar pasumarthy (ADVOCATE) 10 February 2012

Dear Hardeep Singh,

The act of the wife in advertising for her re-marriage during the subsistence of the 1st marriage amounts to mental cruelty to the husband.

Also, the husband lost his repuration through such advertisement which entitles him to initiate both civil and criminal proceedings for the act of defamation against wife.

There is no bar to attach the husband's 50% share in the ancestral property for recovery of arrears of maintenance by way of execution proceedings.