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Pritam (manager)     17 November 2014

Judge passed order on rental home not owned by me

I am in a very funny situation. My wife claimed that our matrimonial home ( rental property where we lived post marriage ) is owned by me but it is owned by landlord. Judge has put stay on that house and it cannot be sold till divorce case is over. What action landlord can take on my wife? I do not want to file perjury on my wife but I guess she has crossed all limits. I own a home in my hometown which she knows but she didn't mention it. Can she change her statement now when order has already been passed? Can my landlord claim compensation from her? 



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 23 Replies

Adv. Chandrasekhar (Advocate)     17 November 2014

I suppose it is DV case.  Then, your landlord shall move an application before the concerned judge for vacation of stay by producing the original titles of the property.  The court will amend its order to meet the ends of justice.

Pritam (manager)     17 November 2014

Lanlord don't want to disclose his personal documents. He just wants to show letter from society. He wants apology from judge and compensation from my wife and her lawyer. 

Adv. Chandrasekhar (Advocate)     17 November 2014

He does not get any of them.  Only vacation of the stay order  he can get, if he puts sincere efforts.

naveenraj jain (proprietor)     17 November 2014

What kind of order is this. Without verification of title documents how can any court pass such order. It seems judge has erred in passing such an order. This can have catastrophic effects.

grishma (h.w.)     17 November 2014

@ queriest,
frm ur thread it seems u luv ur wife too much.
otherwise u opted following recourse ::
https://www.mumbaimirror.com/mumbai/crime/School-teacher-who-lied-for-maintenance-from-estranged-hubby-faces-3-years-in-jail/articleshow/28408150.cms

thn why both of u arrive at present bitter situation ?

frm ur story, every one hs to fear tht nw a dys wife r seldom to get stay order w/o prooving the connection in ownership of any property.

Pritam (manager)     17 November 2014

As per judge wife is petitioner so she can put allegations and respondent has to provide evidence. In this case how can I get someone else's documents so judge passed order due to lack of evidence. Luckily I didn't live in Rashtrapati bhavan otherwise judge would have put stay there too. I should add name of hotel where we enjoyed honeymoon. I know I can file perjury but I will wait and watch sometime. Later I will attack in wholesale if she is not ready for MCD. 

Samir N (General Queries) (Business)     17 November 2014

@Pritam, situations such as the one described by you make the field of law so interesting for those who do not have legal education but education in other fields. Let us analyze your situation: You are NOT adversely impacted by that Order in any manner. Therefore, technically speaking, you have no standing to appeal that Order. A good appeal Judge will throw your appeal out based upon lack of "locus standi" or simply "standing." The only person who can appeal that Order is your landlord.


...and your landlord should appeal that order.  If he ignores it and you can prove that he was made aware of it, then legally speaking, you can claim ownership of that property at a future date claiming that he had sold it to you in a verbal agreement and that is the reason he did not appeal. Far fetched? Yes, but in the eyes of the law it would not be frivolous. Therefore, please advise your landlord to appeal because you do not seem to have bad intentions and you should not.  Explain the reason to him as to why he should.  Provide him any supporting evidence that you are merely a tenant. 


Pritam (manager)     17 November 2014

Verbal agreement? These days all transactions including rental property gets registered at registrar's office.Both party's pictures will be taken and CD will be given. Since rental agreement is in my name so indirectly I am impacted too as Landlord won't return my deposit money.  Landlord filed complain with Anti corruption bureau. Now judge and my wife has to answer.

Samir N (General Queries) (Business)     18 November 2014

@Pritam, what you are referring to is a Sale Deed or a document to transfer and register a property. Yes, all the requirements mentioned by you are correct. However, an agreement to do so (complete formalities)in the future is perfectly enforceable under the Specific Relief Act, including a verbal agreement.  As for anything adverse to you in the order, I see nothing adversely impacting you in practice. If you, at some point, approach your landlord for return of deposit, do you think he is going to say: "No, I cannot do so because you own the property."  I doubt it very much. He will be effectively selling the property to you for the value of the rent deposit.  In any event, you may be establish that you are impacted by the order in other ways: Payment of property taxes, for example.  In any event, the key here is that you need to first make a list of all ways in which you will be adversely impacted in order to avoid your appeal getting dismissed. 

naveenraj jain (proprietor)     19 November 2014

And lo behold. This order should be challenged in high court. Innocence is also crime. How can a poor landlord save his house if samir opinion is enacted upon. Affording of the advocate fees running pillar to post and then waiting merciless for hearing. Whole bunch of problems for the landlord. The landlord must have really bad time. God save other landlords from such situations.

jack (nothing)     19 November 2014

Can some one clarify me if property is there on husband name what are the possibilities to claim wife if there is no children's ? Can she get share on property? Experts , can you plz clarify me more on this?i also in the same boat all my cases are in initial state(false 498a,crcp125) . House was build before marriage whic is in my name? What kind of precious Need for me?

NATARAJAN IYER (Proprietor)     20 November 2014

THE OWNER CAN EVEN SAY THAT YOU AND YOUR WIFE ARE PLAYING A GAME TO USURP HIS PROPERTY.

DIVORCE IS NOT THE END.

ON ONE SIDE YOU CAN FIGHT IN FRONT OF THE COURT, USURP THE PROPERTY AND THEN JOIN HANDS OUTSIDE...WHO KNOWS ??? ANYTHING IS POSSIBLE...

So, here are the steps your owner has to take

1) The Judge has seriously erred, without verifying the facts on record. This is very rare. Yet it has happened. Your Owner can write to the Chief Justice, mark a copy to the Governor and also one copy to the RG ( Registrar General ) of the High Court / Civil Court, depending on where this matter was heard.

2) As the Learned Counsel Adv.Chandrashekar has rightly advised, VACATING OF THE STAY ORDER should be the first prayer.

3) Parallelly your owner can also file a criminal case against your wife, for her intentions to usurp his property and by false representation. The owner can also name her family members saying that he suspects that it is an organized crime syndicate. As the lower court takes it up, please remember that a civil and a criminal case can operate simultaneously and there is no bar on that.

Your owner should also move the court to obtain both CIVIL AND CRIMINAL restraint order against your wife and her group, from entering his premises and attempting to contact him.

4) After obtaining a stay, By following the right legal methods, your owner can even,  issue a statement of ownership, in the Newspaper ( One Local and One Regional ).

5) Your owner NEED NOT SHOW THE TITLE DEED. ... THE LATEST EC ( ENCUMBERANCE CERTIFICATE ) IS ENOUGH. THAT WILL SHOW THE OWNERSHIP.

Your owner can sue your wife for causing hardships to him. 

There are so many IPC sections that can be slapped against her. Wilful MISCHIEF is one...there are many...Go through the 511 sections...

BUT FIRST LET YOUR OWNER APPROACH A FEW SENIOR ADVOCATES AND SEEK TOTAL GUIDANCE.

UniteFamilies (Social Worker)     20 November 2014

@jack,

your wife won't get share on your property. She can only live with you till pendency of the case without harming you. Obviously she won't come as your mother can also file domestic violence on her.

UniteFamilies (Social Worker)     20 November 2014

@Pritam,

 

You should openly ask judge on what basis did you pass this judgement without getting proof from petitioner?you should openly tell him your judgment is biased. He cannot send you in jail for asking information. 


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