Partition petition
Jyoti mote
(Querist) 23 December 2016
This query is : Resolved
Respected sir,
In 2007, we perchase a house .for this i took money from my father & brother. My husband made property perpars on his name by saying that I am not earn. House had loan of 5 lakh . my husband has a medical shop & he is showing that is his income source which is not running well. So loan was not regularly paid. Even I paid loan by selling my 'stridhan' .In 2010 I got job. After that I am paying house loan. Because some anather reason we got some conflict & my husband threthened me that he will sold the house. Every time he ask me to give money otherwise he we sold out house that I was living. So I stop paying loan. Bank noticed under securitization act. One day my husband leave home without knowing me. From that day My husband never came back. My husband is living separately from last 4 In 2013 I was putted case against my husband & bank in civil court. &in 2014 ,maintainace case of children againt my husband. I am living with my 2 children in rented house. In 2013 I was putted case against my husband & bank in civil court. &in 2014 ,maintainace case of children againt my husband But in 2015, Feb bank has taken possession under securitization act without my consent saying that the house my husband's own property. My advocate was not guided properly. He was not taken any stay on banks ferther action. Bank & my husband sold out property. I ask my advocate to take stay on money that was remained after paying bank loan. Now case is still panding . now my advocate made amendment in that to claim half amount of house. Now case was on my cross. & suddenly opponent has put application that lower court has not jurisdiction of rupee above 5 lakh. & case is sent to Senior court. Now I am surprised that 10 months after making amendment the has realized that he has no jurisdiction. Now I am quit confused that whether my advocate is going properly because he never take any objection to opponent's action. While making amendment doesn't he know about juridiction? Now one more query is there .In this case being women whether I have to pay stamp duty or not? On this point the case in paiding on suprident's table. I am too confused. Please, give me legal advice.
Your's sincerely,
Jyoti
Guest
(Expert) 23 December 2016
"Property is on your husband's name" as stated by you and Legally you have to Prove that money was given by you Only.In the Concerned Court where the Case is going on you would certainly find "Free Legal Aid Forums for Women" Approach them and they would Legally Guide You ,Advise and Assist You Perfectly.
Rajendra K Goyal
(Expert) 23 December 2016
The property was in the name of husband, you have no right in it.
If your parents have proof of money paid, the same can be recovered through civil action.
Even if your lawyer had taken steps, property was mortgaged with Bank and in case of default, Bank can proceed with auction of the mortgaged property.
Your lawyer can prey that maintenance for children is to be paid, the balance amount should be kept in Bank and maintenance should be paid from it / its interest.
Since you are in service court may / may not not agree for your maintenance.
Kumar Doab
(Expert) 23 December 2016
The medical shop was owned by husband or it was on rent?
If bank's loan is paid by sale of mortgaged property then bank shall keep balance funds in a/c of a/c holder.
You are not satisfied with your lawyer.
You may approach a senior counsel with all case related docs for a second opinion.
You can also approach Free legal Aid Forum.
Kumar Doab
(Expert) 23 December 2016
Thanks for agreeing Mr. Goyal.
