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Priyanka   28 June 2017

Husband transferred property to mother, can i put injunction

Myself: Priyanka (Hindu Marriage 2010 + 5 year old son in my custody getting Rs. 11000 /month maintenance) (Me & my husband both have MBA)

PREVIOUS POST/THREAD: My brother has posted this messsage out of his concern towards me:-

In divorce can hindu wife claim husbands ancestral property?

LINK: https://www.lawyersclubindia.com/forum/details.asp?mod_id=150614&offset=1

REASONS FOR DIVORCE:-

1) Arranged marriage and we dont have same kind of thinking and any discussion lands up in a brutal arguement.

2) I dont like my in-laws and I have been asking my husband to live seperately, from his always nagging old parents.

3) We dont have any love left in our marriage and dont want to keep dragging it forward.

*************  He is not ready for MCD, by giving one time alomony, and from all the harassment, I dont want to leave them without teaching a good lesson, and I disagree with my brother to let it go so easily.  ****************

QUESTION:-

1) He already transfered his property to his mothers name, so during divorce can I put an injunction and put a claim under MARRIAGE AMMENDMEND BILL 2010? Can I challange his GIFT DEED? will it stand?

2) My lawyers says that all I have to do is to drag the case till the MARRIAGE AMMENDMEND BILL 2010, comes into effect (which may happen sooner or later). Will that work?

3) Can I put claim on their ancesteral property on behalf of my 5 year old son? Is the claim justified in the court of law?

With this marriage heading no where, I am just fed up and cant just sit and do nothing. Pleae advice. Thank you.

P.S. Its a kind request to everyone to avoid giving out personal comments, as I am only seeking EXPERT ADVICE !!! Thanks. Priyanka.



Learning

 13 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     28 June 2017

No. you cannot as this controversial bill is not passed yet. 

Kumar Doab (FIN)     28 June 2017

The BILL is not Law until it gets presidential assent and is notified.

The discussions on BILL that you can access thru internet also, were inclusive of the points that Presiding Officer shall decide as per facts and merits of the matter.

The owner can dispsoe his/her estate/property by a valid/registered deed in his life.

While you can approach the court with a prayer the decision is discretion of court of law.

The husband is paying the fixed maintainance.

 

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     28 June 2017

Originally posted by : Kumar Doab
The BILL is not Law until it gets presidential assent and is notified.

The discussions on BILL that you can access thru internet also, were inclusive of the points that Presiding Officer shall decide as per facts and merits of the matter.

The owner can dispsoe his/her estate/property by a valid/registered deed in his life.

While you can approach the court with a prayer the decision is discretion of court of law.

The husband is paying the fixed maintainance.

 

 

I just wish to highlight one point here - no discretion of court of law and parliament bill should violate Indian constitutional observance and incite "Dacoity".

Priyanka   28 June 2017

Thank you Sir. I really appreciate your help.

I still would like to know:-

2) My lawyers says that all I have to do is to drag the case till the MARRIAGE AMMENDMEND BILL 2010, comes into effect (which may happen sooner or later). Will that work?

3) Can I put claim on their ancesteral property on behalf of my 5 year old son? Is the claim justified in the court of law?

Thanks again, Priyanka.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     29 June 2017

Could you please justify morally?

If you or your son has right to acquire any bodies’ personal property?  

Whether the state (Indian Govt.) has right to interfere anybody’s personal property?  

 

All Indians’ have right to do with anything with their personal properties/assets. 

Ramesh   29 June 2017

Originally posted by : Rocky Smith
Could you please justify morally?

If you or your son has right to acquire any bodies’ personal property?  

Whether the state (Indian Govt.) has right to interfere anybody’s personal property?  

 

All Indians’ have right to do with anything with their personal properties/assets. 


but sir its not his personal property its ancesteral property then that children have some rights respected property before transfer to others.

Kishor Mehta (CEO)     29 June 2017

Sir, Even if the referred bill is passed it will be helpful only if it is made applicable retrospectively, this usually does not happen. The right of a child, during divorce proceedings, on father's ancestral property is controversial. Good luck, Kishor Mehta

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     29 June 2017

Property suits are very expensive.  You invite your  advocate's attention towards Section 7(1)(c) of Family court Act, where you can challenge the property transfer on the ground of your son's right over it as it being an ancestral property as well as on other grounds. The  case under this section is not costly.

Kumar Doab (FIN)     29 June 2017

Agreeing with Mr. Samparan, go thru:

Central Government Act

Section 7(1)(c) in The Family Courts Act, 1984

https://indiankanoon.org/doc/342760/

and invite your own lawyer's atention to it.

P. Venu (Advocate)     29 June 2017

How is that the property is ancestral? May be, this is a misconception. Any, person, during his life time, can coney his property at his discretion.

Kumar Doab (FIN)     29 June 2017

Agreeing with Mr. P.Venu.

Check carefully if nature of property is; Ancestral (Pushtaini).

 

Wife has NO foced share in self acquired estate/property of husband.

Wife is not Co-parcener id ancestral property of husband.

 

A.V.Pattanashetti (Advocate)     29 June 2017

U HAVE NOT CLEARLY STATED ABOUT THE PROPERTY IF IT IS ENCISTRAL ONE U CAN FILE PARITION SUIT ALONG WITH UR CHILD IF ANY QUARRY PLS CALL ME I AM A V PATTANASHETTI ADVOCATE FROM BIJAPUR. KARNATAKA 9448035651

Priyanka   29 June 2017

Dear Sir,

All the property is self-acquired property of my husbands parents, except the 200 Square Meter plot (in Goa) on which they have built their house. (Plot is ancesteral , but the house was built by husbands mother's money).

ANCESTERAL PROPERTY: 200 Square Meter plot (in Goa)

HUSBANDS PARENTS PROPERTY: House built on that 200 Sq. Mt. ancesteral plot + 15 Acres of land + 2 more flats in Goa.

HUSBANDS OWN PROPERTY: Plot in Chicalim, Vasco, which he already transferred to his mothers name in 2014.

QUESTION:-

1) If not a wife/myself, but, at least, on behalf on my 5 year old son, can I claim husbands parents property, as my father-in-law passed away before our son was born?

(As that would be ancesteral for my son? Right?)

SORRY: I am just confused, with what my lawyers says and what I hear online  ; (

Please forgive me. Priyanks.


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