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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: http://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.

 
Reply   
 
Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

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

 
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FIN

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.

 

 

 
Reply   
 
Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

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".

 
Reply   
 

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.

 
Reply   
 
Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

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. 

 
Reply   
 

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.

 
Reply   
 
CEO

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
 
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