Dv act interim order
rajesh
(Querist) 23 April 2013
This query is : Resolved
The interim order says, Respondent 1 is prohibited from alienating the house, or creating any third party interest !
My ques is
(1) It is a joint property where Respondent 2 is the 1st owner and the order does not cover him..So can he sell it off?
(2)creating third party interest only means cannot sell it off...will renting that property not be a contempt? Does permission need to be taken from judge?
Raj Kumar Makkad
(Expert) 23 April 2013
1. There is no order of stay against respondent no. 2 so he can definitely sale his share but if the property is a house then no specific possession can be offered except which is with the respondent no. 2 on the day of sale.
2. Renting is not a creation of third party interest and the same do not constitute contempt of court.
Devajyoti Barman
(Expert) 23 April 2013
1. yes, he can sell his his undivided share in it.
2.Yes, without permission of court no tenancy can be created in respect of the said house.
R.K Nanda
(Expert) 23 April 2013
no more to add.
rajesh
(Querist) 23 April 2013
Mr Nanda, no more to add on what?? Makkad sir said tenancy can be created, Deva Sir says it cannot be..so whom are you endorsing?
ajay sethi
(Expert) 23 April 2013
giving flat on rental basis would also amount to creating thrid party rights . inroder to avoid legal complication obatin court permission before giving flat on rent .
rajesh
(Querist) 23 April 2013
Thanks all
V R SHROFF
(Expert) 23 April 2013
DV Act : residence Order is irrespective of the ownership or title of property.
Even giving on LL basis or renting do mean creating third party right, for however small duration of few months.
DV act protect residence of wife/ domestic related woman to reside in the matrimonial home, irrespective of who own it.
Court cannot permit to dispossess woman in domestic relation as provided under sec 17 of DV Act. Act is very clear, and court cannot go against it. no discretion of judge.
