Court restrain me,not creating 3rd party interest, can i give on rent sir
S P Goel
(Querist) 12 April 2012
This query is : Resolved
Respected sir, Under DV Act and giving interim benefit to my wife, court restrain me for creating third party interest in my house. I wish to know whether I can give house on rent. thanks and best regards spgoel delhi 9810101999 Pls give reply with some section, clause, justification, judgement sir and oblige me, it is life and death for me. thanks again.
ajay sethi
(Expert) 12 April 2012
repeated query .
mr goel you have repeated same query 5 times already
S P Goel
(Querist) 12 April 2012
Shri Sethi sir,Respect sir, the Advocate who is looking my case in Kakardooma Court Mr R S Goswamy ( he is different from senior Goswamy ji ) , he tells that it is allowed, yesterday court removed dispossing of house but remained not creating third party interest, my advocate told me that I can give me on rent sir, that is why I am asking this query again and again sirji, pls confirm, so that I may put another application for clrification of this point and mention in order on next date of 23.4.2012, Pls help sir thanks spgoel delhi
S P Goel
(Querist) 12 April 2012
Shri Ajay Sethi ji and others
Sir, ist order from Court
Order dated 23.12.10 is given below :
Case No. 304/10
23.12.2010
Present: Petitioner with counsel.
Respondent also present with counsel.
Vakalatnama files on behalf of respondent and who seeks
some time for filing reply. Counsel for respondent states that he has
not been supplied with documents along with the petition. Let the
petitioner supply the complete sets of documents alongwith petition to
the opposite counsel within 7 days. Respondent file in his reply within
15 days thereafter.
Petitioner requests for interim order for restraining the
respondent from dispossessing her the shared house at 118, Ashriwad
Enclave, Patparganj, Delhi-110092. Respondent present in the court
admits the possession of petitioner in said house. Considering facts
and circumstances, respondent is restrained from dispossessing the
petitioner from aforesaid house or from creating any third party
interest in the same till further orders. Put up for rejoinder and
arguments on interim application on 26.03.2011.
MM Mahila Court/East
23.12.2010 372
Modified order dated 11.4.2012
V. 304
11.04.12
Present: Both parties in person with counsel.
Application filed.
Heard arguments on interim petition seeking interim maintenance u/s 125
Cr PC.
Respondent states in open court today in the presence of his counsel that he
is an MBA.
His separate statement is recorded in this regard identified by his counsel.
Previous cost of Rs. 1500 paid
.
To come up for orders on interim application as well as PE on NDOH.
Advance copy of affidavit be supplied 7 days before.
Yet another application moved by the respondent is pending where it is
prayed that the order whereby respondent was restrained from disposessing the
petitioner be set aside.
Heard.
Today Ld. Counsel for the petitioner as well as the petitioner states that she
was never residing with the respondent even on the date of filing of petition.
Accordingly, the order is modified to the extent that there is now no restraint as far as of
dispossession of petitioner is concerned.
However the respondent still remainsrestraint as per earlier order from creating any third party interest in the house.
To come up for PE as well as order on application on 23.04.12.
(Monika Saroha)
MM/Mahila Court/KKD
Courts/Delhi/11.04.12
Pls advice whether I can give my house after modification of order, thanks sir, pls do reply,
H. S. Thukral
(Expert) 12 April 2012
A lease is also transfer of property. A third party interest is created. Move an application before the court and seek permission to rent it out for a short period.
ajay sethi
(Expert) 12 April 2012
oder of court is clear . you cnanot creat any third party rights mr goel . if you give house on rent prior permission of court is necessary . otherwise you cna be hauled for contempt of court .
Kiran Kumar
(Expert) 12 April 2012
you cannot lease out the property pending orders of the court....the orders passed by the court are clear and speaking.
better not to rent out the property otherwise the contempt proceedings can be initiated against you by the other party.
V R SHROFF
(Expert) 12 April 2012
you need court permission, which court will not give unless due justification to rent bout your shared household .
Shonee Kapoor
(Expert) 13 April 2012
No.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
S P Goel
(Querist) 15 April 2012
Respected sir,
thank you very much sir
thanks and best regards
s p goel
Delhi
9810101999
