Can wife claim shared household right in the property which was co-owned by Husband and his father prior to marriage in 2002 and later transferred to someone else before 2005 i.e. before DV act came into existance ?
Raj Kumar (na) 20 November 2014
Can wife claim shared household right in the property which was co-owned by Husband and his father prior to marriage in 2002 and later transferred to someone else before 2005 i.e. before DV act came into existance ?
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 20 November 2014
Husband not having any rights after tranferring the property to some other name. So how can wife claim on that property ? No chance in my opinion.
Dr J C Vashista (Advocate) 20 November 2014
The Act do not apply retrospectively i.e., before the act came into existance in the year 2005.
The transfer of husband's share of property, by him, is valid and legal.
How does wife come in between when the husband is a co-owner of the property?
Raj Kumar (na) 20 November 2014
thanks for your reply Mr. ramachary64 and Dr Vashista.
Raj Kumar (na) 20 November 2014
Just saw the supreme court judgement "V.D.Bhanot vs Savita Bhanot on 7 February, 2012" where
it is mentioned that "In our view, the Delhi High Court has also rightly held that even if a wife, who had shared a household in the past, but was no longer doing so when the Act came into force, would still be entitled to the protection of the PWD Act, 2005."
My further questions:
1) Does it mean that DV act has retrospective effect ?
2) Based on wife's application for possession of property, could the court order cancellation of the property transfer registration by husband and his father to someone else which happened prior to 2005?
T. Kalaiselvan, Advocate (Advocate) 22 November 2014
You seem to cross verify the skill of advocates/experts here. However, if your query is real, then the reply is since the property has already been transferred by its owner byway of sale, a third party cannot claim any interest in it, if the wife is claiming residential rights in her husband's house, she can do so in the house where he is presently residing and not on any old issue.
Raj Kumar (na) 23 November 2014
Thank you T Kalaiselvanji.
My intent is to safeguard the self-earned property (which us not on my name anymore) from my cruel and greedy wife who is misusing the laws.
appreciate if you could point me to a case law which I can use in court if needed.
thanks again.