House property
RAVINDER PAL
(Querist) 01 November 2011
This query is : Resolved
We are having a house at Meerut (UP) which is in the name of my father & my uncle(fathers brother). They are having 50% share each. My father is paralytic patient. What my uncle has done has taken a loan of Rs 4lacs from ICICI bank against property & have taken thumb impression from my Father.Now the matter is that my uncle has sold the house to a person who is an advocate for 20lacs .Out of which he has paid 6lacs as token money & after possesion agreed to pay balance amount of Rs 14 lacs.
On the other hand my younger brother wife was tortured by my uncle for Dowry & she has filed 498A & womens violation act from Ambala City & also taken a stay on this house. Will my uncle be able to sell this house .& My younger brother & her wife has started living in upper portion of this house whereas my uncle & his family has vacated this house.
What can happen in favour of my brother & his wife.Will they have to vacate the house forcefully. Or they can continue in possession of this house
Ambala court has already issued summon on there name as condemend of court . and the are having date on 7/11/11. what is expected nextas my uncle has violated eveything.
Devajyoti Barman
(Expert) 01 November 2011
Taking a stay out of 498A case is really unheard of.
Now in case under PWDV Act, though the court has such power over immoveable property, if the same does not belong to the husband of the complainant then the court has no power to pass any such order.
So appear in that case and vacate the order or else file Appeal in the sessions court.
As far as your father is concerned he can file a suit for partition and pray for injunction against any transfer before disposal of the suit.
ajay sethi
(Expert) 01 November 2011
your father is 50%owner of the house. your uncle cannot sell the entire house without your father consent .
since the property in respect of which stay has been obtained does not belong to your brother no stay can be granted . you have to before court poin out that said property does not bleong to your brother
file an appeal for vaction of stay
prabhakar singh
(Expert) 01 November 2011
More over the property is mortgaged against bank loan as author himself says" my uncle has done has taken a loan of Rs. 4lacs from ICICI bank against property & have taken thumb impression from my Father"
NO! your uncle can not sale.he is owner of 1/2 only.
the rest1/2 is yours.
As the property is on loan of ICICI bank it can not be sold,whosoever will buy it shall have to pay off the bank loan as its first charge.Your uncle seems even smarter than that lawyer as a lawyer has agreed to purchase litigation.Never allow him to inter in possession.
As regards to 498a and case under PWDV Act
i am also of the same view as Mr.Barman is.
