Property entangled in dv case
rajesh
(Querist) 25 March 2013
This query is : Resolved
I am facing a Dv complain, in which my beloved wife has claimed her right on the house that is co-owned by me along with my brother.
Her contention is that her family paid half of the money for the purchase of the flat, without giving any documentary evidence
The fact of the matter is, each and every paisa of the purchase has been borne by my brother, who just out of love fo rme, made me a co-owner in the property !
We have got all the payment receipts like down payment/EMIs being paid for last many years and even the funds now and then payable to the society, everything is paid by him !
Please guide on what we can do to protect the propery
as of now, the DV magistrate in his interim order has restricted us from creating a third party interest !!
Nadeem Qureshi
(Expert) 25 March 2013
Dear Rajesh
contact a lawyer in-person along with all your details and documents.
Feel Free to Call
rajesh
(Querist) 25 March 2013
then how is this forum of use if one had to contact a lawyer in person?
ajay sethi
(Expert) 25 March 2013
your wife has right to stay in shared household . since you are the coowner of flat your wife can seek injunction restraining you from alienating or creating third parties in repsct of your 50%share .
rajesh
(Querist) 26 March 2013
Ajay ji, the interim order passed 1.5 yrs back gives her a maintenance of Rs 10000 per month which includes 3000 as rental component. She has till date not asked for right to stay . i m not worried about the interim order for a temporary period. wha i want to know is given the facts regarding ownership of property (that i mentioned in my query), is there anyway they can claim a part of it?
Raj Kumar Makkad
(Expert) 26 March 2013
Your wife cannot claim for the ownership of the property under DV Act or any other law as on day.
rajesh
(Querist) 26 March 2013
Thank you Raj kumar sir
Devajyoti Barman
(Expert) 26 March 2013
Wife can not claim ownership but surely can get it injuncted and claim for residence for life.
V R SHROFF
(Expert) 26 March 2013
"in which my beloved wife"
Rajesh , How dare you used the word BELOVED WIFE??? DV?? How then will you fight DV::don't be so generous, otherwise she will claim entire house too.
"Her contention is that her family paid half of the money for the purchase"
Residence Order & DV are irrelevant matter, wrt TITLE of property. So who paid for mat home, or who owned it is not material. Did you use shared household, and whether it was mat home is the only criteria to decide residence order for injunction.
If she is not residing there at present,
YOU SHOULD HAVE APPEAL AGAINST INTERIM ORDER.
NOW ASK DELAY CONDONATION & APPEAL
AS YOU SLEPT TOO LONGER, YOU HAVE TO WAIT FOR FINAL ORDER TO THROW UR BELOVED WIFE FROM YOUR MAT HOME. YOU MAY OFFER HER TO TAKE AWAY ALL SHARED HOUSEHOLD ITEMS, AS
YOU CAN OFFER PROVIDING ALTERNATE RESIDENTIAL ACCOMMODATION, AND YOUR GENUINE NEED FOR SELLING/ TRF/ CREATING THIRD PARTY RIGHT IN IT..
YOU ARE ALREADY PAYING RENT AND NOT USING SHARED HOSUSEHOLD FOR OVER 1 1/2 YEAR, IT WILL HELP YOUR CLAIM.
rajesh
(Querist) 27 March 2013
Shroff sahab..that beloved was sarcastic !!! not only DV, at one point in time there was 307 as well, so no point in me literally calling her beloved :)
