Stopping of sale of property
Kunal
(Querist) 11 February 2011
This query is : Resolved
Dear Experts
My friend staying in Mumbai has a 4 year old son and has left her husband due to personal differences around five months back. She is currently staying at a relative’s house with her son and has not yet filed for divorce. Her husband is staying in a flat with his parents on which there is a bank loan taken by him, however, she is scared that he might sell the flat and leave Mumbai. Have 2 questions, can she get the sale of the house stopped though court, if so how under which section and is there any ruling/law which she can use to become a joint owner of the flat as she wants to secure her son’s future. Please advice.
M.Sheik Mohammed Ali
(Expert) 11 February 2011
you must send legal notice and then file caveat petition in the court against them, thats enough.
Kiran Kumar
(Expert) 11 February 2011
well in my opinion it will be better for your friend to seek maintenance from her husband....there is no provision which can compel a husband or his family to make her joint owner in the property.
she can seek maintenance, from him, for herself as well as for her son but she may not be in a position to stay the sale of property by the husband.
Advocate. Arunagiri
(Expert) 12 February 2011
If the property is self earned property, I agree with Mr.Kiran.
