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Suresh Reddy (IT Professional)     26 October 2009

Stay on property for not selling.

My brother-in-law's wife has filed IPC 498 case on him and on the entire family and case has just started. in the process she has also filed a
mainatinance case in which she is trying to take stay on his property for not to sell (ancestor property which is on the name of his father who is no more.)
, they dont have any children. does she have the right to take stay on property and how should he go with the case please advice.
 



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 9 Replies

R.R. KRISHNAA (Legal Manager)     26 October 2009

Maintenance of a married wife can also be met from the properties of which the husband is a co-sharer and not otherwise. For invoking the said provision, the husband must have a share in the property. The property in the name of the father-in-law or mother-in-law or others can neither be a subject matter of stay or attachment nor during the life time of the husband, his personal liability to maintain his wife can be directed to be enforced against such property.

An order of maintenance might have been passed but in view of the
settled legal position, the decree, if any, must be executed against her husband
and only his properties could be attached thereof but not of her father-in-law.

 

1 Like

Khaleel Ahmed (Legal Advisor)     26 October 2009

Mr. Krishna weel explained.

1 Like

Suresh Reddy (IT Professional)     26 October 2009

Thank you very much.

Adv. Biju Gopal (Advocate FAMILY LAWYERS Kottayam Kerala www.familylawyers.in)     26 October 2009

 Please consult a family court lawyer and take steps to file a caveat to get notice when she file the attachment petition.  The you will get opportunity to submit your arguments.

 

Adv. Biju Gopal

www.familylawyers.in

1 Like

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     26 October 2009

EVEN THOUGH SHE CANNOT CLAIM THE FATHER IN LAW PROPERTY, SINCE HE DIED BETTER FILE CAVEAT (WHICH IN FORCE FOR 90 DAYS ONLY)

1 Like

Anil Agrawal (Retired)     26 October 2009

 What does belong to the husband, can't be attached. In anticipation of inheritance no attachment order can be passed. Father must have made a Will and disinherited the son. I think we are in the real of preponderance of possibility.

jatin sharma (LAWYER)     27 October 2009

mr suresh, she does'nt claim any property which not belong to her husband legaly so if any property have belong to him tan he can attach it only.

1 Like

Anil Agrawal (Retired)     27 October 2009

 The taste of pudding is in eating. What she will do in future has to be watched. Her claim or disclaim today has no meaning. Many things that seem unlikely in the present happen in the future.

1 Like

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     27 October 2009

Mr.Krishna guide you properly.

So legally she dont have any right till today, but first she has to file maintenance only then property could be attached but upto the share of her husband.

Regards

adv.kamal.grover@gmail.com

1 Like

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