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ASHU MAHAWAR   06 August 2024

Property purchased by my father in name of my wife, wife is selling property. how to stop her

PROPERTY PURCHASED BY MY FATHER IN NAME OF MY WIFE, WIFE IS SELLING PROPERTY. HOW TO STOP HER FROM SELLING.

WIFE HAS GIVEN POWER OF ATTORNEY FOR CIVIL CASE IN 2022 STATING THAT THIS PROPERTY IS PURCHASED BY MY FATHER IN LAW FROM HIS FUNDS IN MY NAME.

HOW CAN WE STOP HER



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 9 Replies

Dr. J C Vashista (Advocate )     06 August 2024

She is absolute owner of the property and competent to dispose it as she desired, legally you (no one) cannot stop.

Advocate Bhartesh goyal (advocate)     06 August 2024

Since your wife is registered owner of property so it is immaterial that your father invested money to buy the property so no chance to get restrained her better settle the issue amicably. 

ASHU MAHAWAR   06 August 2024

is there any clause in hindu family act

T. Kalaiselvan, Advocate (Advocate)     06 August 2024

In the capcaity of a legally valid  title to the property on her name she can very well sell the property.

If your father has funded for the purchase of the property for some specified purpose then he can file a suit for declaration to declare the title on  the basis of funding for the purchase of property, however it may not be maintainable becasue it may attract benami act. 

Hence compromise is the only option before you

kavksatyanarayana (subregistrar/supdt.(retired))     06 August 2024

As your wife is the owner of the property, amicably settle the issue.  you cannot stop her from selling it.

Dr. J C Vashista (Advocate )     07 August 2024

What type of provision is searched by you in Hindu laws, however, Family Courts Act, 1984 is applicable to all Indian citizens.

Jurisdiction of the Act defined in Section 7 of the Act deals with type of cases adjudicated by the Family Courts, which states;

Section 7 of this act confers those power and jurisdiction on the family courts which are exercised by the District Court or Subordinate Civil Courts in their suits and proceedings. The Explanation of this section tells about the nature of the suits and proceedings, which are as follows:

  • A suit or proceeding for the decree of nullity of marriage, or restitution of conjugal rights, or for the dissolution of the marriage between the parties;
  • A suit or proceeding for determining the validity of a marriage or matrimonial status of a person;
  • A suit or proceeding in the matter related to the properties between the parties to a marriage;
  • A suit or proceeding for an injunction or order arising out of a marriage;
  • A suit or proceeding for declaring the legitimacy of a person;
  • A suit or proceeding for maintenance;
  • A suit or proceeding for the guardianship of the person, or custody of any minor.

Under Section 7(2), the family courts have also the power to exercise a jurisdiction which is exercised by a Magistrate of the first class under Chapter IX of the Code of Criminal Procedure, 1973 and such other jurisdiction as provided by any other enactment.

 

However, it do not cover the facts posted by you, qua funding for purchase of property in the name of your wife by your father. 

P. Venu (Advocate)     07 August 2024

"PROPERTY PURCHASED BY MY FATHER IN NAME OF MY WIFE, WIFE IS SELLING PROPERTY. HOW TO STOP HER FROM SELLING"! The posting suggests deeper issues. Please post complete facts.

"WIFE HAS GIVEN POWER OF ATTORNEY FOR CIVIL CASE IN 2022 STATING THAT THIS PROPERTY IS PURCHASED BY MY FATHER IN LAW FROM HIS FUNDS IN MY NAME"

Why power of attorney? What is the civil case? Who were the parties? What were the issues?

ASHU MAHAWAR   08 August 2024

civil case was for passage, by land owner behind our land. But now we are getting divorced & wife is selling the property. 

Sudhir Kumar, Advocate (Advocate)     10 August 2024

You can only plead an beg beofre her not to sell.

 

otheerwise you cannot.


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