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Mathan Karthik (none)     23 March 2014

Wife's right to husbands self-earned property who is alive

Hi knowledgeable people...

Mrs.Suma lives in Tamil Nadu. Her husband Mr. Rakesh is a buisnessman. This couple has 2 children, one of them is adult. Always Mr. Rakesh had been harsh with his family. He use to be isolated, never be caring or sharing. He had some self-earned immovable assets on his name. Mrs. Suma recently heard that her husband has been selling the assets one by one without her knowledge, which is actually true. There is no proper money brought home by the selling. This endangers her life's financial security which she relied upon. This also rises a question of security to the childrens.

1. Is there any rights to Mrs. Suma or her children (one adult) over the assets of Mr.Rakesh (alive). 

2. Does this not amount to domestic violence under "Th protection of Women from domestic violence Act"

3. Is there any legal procedure to stop the further selling of assets by Mr. Rakesh.

Kindly Clarify.



Learning

 42 Replies

great india (manager)     23 March 2014

1. No.... No one can stop him unleass pleaded under hma

great india (manager)     23 March 2014

1. No.... No one can stop him unleass pleaded under hma 2. But you can opt fir injunctions in some places

adv.raghavan (Advocate,9444674980)     23 March 2014

Since the properties of rakesh are his self earned, nobody can question him about his spending, and If she feels so in secured she can go for divorce, and ask alimony from her husband to save her future. The  said ground will not attract domestic violence act. 

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     23 March 2014

the property is his self earn property so he has all rights, no one can restrain him to do that

1 Like

Mathan Karthik (none)     23 March 2014

Originally posted by : great india
1. No....
No one can stop him unleass pleaded under hma
 

Thanks for your reply. On what ground can she apply under hma. What are the possible things favouring Mrs. suma can be done through it?

Mathan Karthik (none)     23 March 2014

Originally posted by : Adv.Raghavan

Since the properties of rakesh are his self earned, nobody can question him about his spending, and If she feels so in secured she can go for divorce, and ask alimony from her husband to save her future. The  said ground will not attract domestic violence act. 

Thanks for your reply Mr.Raghavan.

Doesn't the random, wasteful selling of assets amounting to threaten the economic stability of Mrs.Suma amounts to economic violence(as in Domestic Violence Act) by her husband?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     23 March 2014

Dear Querist

she can file DV case against him and get residence order only, he can not sell the residence house without the permission of the court if court pass an order in this regards.

feel free to call

Advocate Ravinder (Advocate/Attorney)     23 March 2014

I agree with Nadeem Qureshi.  In addition to that you can also file petition for maintenance and as a part of it you can file an temporary application (I.A.) not to alienate his properties (both movable and immovable)  untill the maintenance case is disposed of. 

1 Like

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     24 March 2014

DEAR MR. KARTHIK 

                                      A HINDU WIFE IS ENTITLED TO EQUAL SHARE IN THE PROPERTY OF HER HUSBAND WHETHER SELF ACQUIRED OR ANCESTRAL . I CAN PROVIDE YOU SUPREME COURT JUDGEMENT IN THIS MATTER . YOU ASK HER TO FILE A DIVORCE PETITION ON THE GROUND OF MENTAL CRUELTY , MAINTENANCE . INTERIM COMPENSATION AND INTERIM INJUNCTION AGAINST SELLING THE PROPERTY WHETHER SELF ACQUIRED OR INHERITED . YOU DO THIS IMMEDIATELY . SINCE SHE IS IN TAMIL NADU SHE CAN FILE THE PETITION WITHIN A WEEK AND GET INJUNCTION ON SALE OF PROPERTY . IF HE GOES ON APPEAL TO VACATE THE STAY TO THE MADRAS HIGH COURT THEN  SUPREME COURT JUDGEMENT IS THERE . YOU ALSO MENTION IN THAT WHAT ARE ALL THE PROPERTIES HE HAD SOLD . THEN YOU CAN FILE A PETITION TO CANCEL THE SALE OR HE MUST PAY MONEY EQUIVALENT TO WHAT HE GOT IN THAT SALE TO HIS WIFE . IF HE DOES NOT PAY MONEY THEN THE COURT WILL CANCEL THE SALE IN WHICH CASE THOSE WHO BOUGHT THOSE PROPERTIES WILL FILE CRIMINAL CASES ON HIM . IN THIS FORUM , YOU DON'T POST THE QUESTIONS ON HER BEHALF AS HE MAY USE THAT AGAINST HIS WIFE . EITHER YOU POST IT IN THE NAME OF HER FRIEND WHO IS A WOMAN OR LET HER POST THE QUESTION . I CAN PROVIDE YOU MANY SUPREME COURT JUDGEMENT IN SUCH MATTERS - JOSEPH WILFRED - 24/03/2014 AT 00.36 HRS   

adv.raghavan (Advocate,9444674980)     24 March 2014

I sincerely appreciate the advice extended by the above, but in reality it is not so easy. filing divorce petition , finishing summons process and filing of counter by the other side, arguments on the above and then comes decree for the same. the entire process will take at least 3 to 6 months time, the other side do have lot of time to get his act together. 

In case if the case is being referred to high court,never be under the illusion that court will restrain the other side from alienating the property in one or two hearing, it will done in due process only.

Yes i accept judgement and precedents are there, but in reality u have to wait for your turn to get the best based on that precedents and judgements, nothing happens so quick as we expect.

Kapil Gupta (Advocate)     24 March 2014

Dear client, the wife can file the suit for maintenance of her and her children u/s 125 CrPC. You have no right to prevent him from selling the property but you can file a temporary injunction under order 39 rule 2 CPC.

DV Act Buster (CEO)     24 March 2014

Dear Karthik, my learned friend Mr. Joseph Wilfred  is advising as if the entire process of getting a share in the husbnd's property is so easy. I think ,, he is not aware that there is no law in India as of now which allows the wife to get a share in husband's self acquired or ancestral property. The new HMA amendments and IRBM Bill  may allow that but nobody knows the fine fine print of that bill and it has nobase come a law as yet and the bill may have elapsed with the last parliament session.

if you follow  the advise of Joseph Wilfred you will end up spending rest of your life in the courts, spending all your savings and may eventually get nothing out of it. The Indian legal system may give you a lot of hope and the lawyers will milk you dry. The Law is very clear that wife or children will NOT get anything from the living  husband's self acquired assets except a right to residence & only maintenance as Alimoney.

Biswanath Roy (Advocate)     24 March 2014

Let the wife make paper publications through his lawyer stating details of the property addressed to all concerned that the properties are encumbered in as much as those were partly paid by the sale proceeds of the jewelleries of the wife which were stridhan properties and the recorded owner is merely a benamdar..  A civil suit is also to be filed against the Husband claiming partial right title and interest of those properties and can hang it for a good number of years

DV Act Buster (CEO)     24 March 2014

I am so surprised at the suggestion given by Mr. Biswanath Roy. Can he show any court precedent or judgement where a wife has got anything by showing false information about any property purchased by selling jewellery as streedhan ???? Is the self earned or self acquired or inherited property of the husband the Streedhan of the wife ??? It can only antagonise the judge & backfire on the wife. This is a classic case of an advocate like Mr. Biswanath completely misguiding the women and nudging them to spoil their lives and breaking families. With all his suggestions the wife will only be able to spend a lot of time and money but will not be able to get anything in the end as she will not have anything to prove her share in the property.

SHAME ON YOU MR. BISWANATH ROY !!!! You look quite old and experienced but with all due respect please dont misguide the author of this post.

I would not say the above if the wife could prove with evidence that she had contributed towards purchasing the property in husband's name.

I will go with Adv. Raghavan & Adv. Nadeem Querishi who have given sound advise.

Lastly, I will suggest the author to consult any renowned solicitor who can give the right opinion and advise based on laws and higher court judgements.


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