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Rahul   07 October 2021

Wife asking property share in mother-in-law’s property?

Estranged Wife asking property share in mother-in-law’s property?

 

Dear Learned Counsel/Advocates,

Wife asking property share in mother-in-law’s (MIL's) property, and files for CONTEMPT OF COURT , as MIL sells one of the plots? Is it valid or wife is just harassing?

REAL QUESTION: There is NO stay, on the property, from the court, so if mother-in-law sells one of her plot, while the case is running, how is it CONTEMPT OF COURT?

IRONY: Cases can be dragged in India for many decades, (TARIKH-PE-TARIKH ……), so all of us know that : daughter-in-law has no right in mother-in-law’s property, but filing such false cases is just going to cripple ones living standards and earning capacity !!!

NOTE: The partition suite, filed by wife, is running for many years, and due to emergency, my mom/ her-mother-in-law had to sell one of the plots.

BACKGROUND: - 

- Hindu Marriage in 2007

-Son was born, out of wedlock in 2008.

-Husband/Myself, handicap due to accident, so wife left in 2009.

-Wife never let husband or husbands side of family to see his son.

-Husband filed for divorce in 2011. Husband unemployed due to handicap status.

After father died the plots were equally divided between me and my mother, but after wife left for good, and I decided to file for divorce, I gave my plot to my mother, by gift deed. And the same plot which was in my mothers name was sold, so now wife has placed CONTEMPT OF COURT, against us. Court NEVER put a stay on the property, so is their petition on CONTEMPT OF COURT, valid?



 5 Replies

Shashi Dhara   07 October 2021

Proceed in court ,Ur lawyer  knows about it ,she cannot claim on mils share ,deny In w.s.

Kevin Moses Paul   07 October 2021

You have repeatedly posted the same question. Legal justifications for your query have been laid down on your previous posting please follow them, and avoid posting the same material again and again.

Follow this link of your previous posting:- https://www.lawyersclubindia.com/forum/details.asp?mod_id=220518

Rahul   07 October 2021

Dear Respected Kevin Paul,

I am sorry for any confusion, but I just missed asking one important question: How is it CONTEMPT OF COURT? In my previous post. I dont want my 77 years old mother to land up in custody.

I hope you understand, my worries.

Thanks again.

G.L.N. Prasad (Retired employee.)     08 October 2021

The opponents may level several allegations and demand many things, it is left to the court to finally decide, and when the court orders and something is done against the court orders then only it becomes contempt of court.  The inherited, gifted property of a female is always treated as her self acquired property, and it is left to the opponents to establish if there is a fraud.  Do not worry and your mother can deal with her property as she likes proper and fit.

P. Venu (Advocate)     08 October 2021

No action for contempt of court lies in the given facts.


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