Sec.14 (1) (2) of the hindu succession act,
Querist :
Anonymous
(Querist) 17 January 2012
This query is : Resolved
Dear Experts Good evining,
I have aone problem.
In the suit of maitenance a lower court has been awarded maintenace to wife. But there was a compramise in maintenance proceeding. The husband hasbeen ready to give the certain property of land in lue of maintenace, but there is a restricted clauses of transfer of property i.e. wife cannot transfer the property to any other. she can use the property only in hers life time for maintenance.
This compramise was in the 1980. through the Suit no 56/1980.
Now thw wife want to saale the property how she can do. there is any chances to succed.& under which title she can file suit.
please guidence on this point.
Thanks & Regards,
Mr. Nagesh Shinde
Raj Kumar Makkad
(Expert) 17 January 2012
Wife is bound by the term of the compromise as there have been no change in the circumstances.
Bhawani Mahapatra
(Expert) 17 January 2012
If the transfer of property is by way of a conditional sale, specifically mentioned in the sale deed, then wife is bound by those terms. Else, if its a verbal understanding, then no law can prevent wife to dispose the property, as if it was her self acquired.
Nadeem Qureshi
(Expert) 17 January 2012
Dear Querist
if the term & condition of the agreement/compromise is that she can not sale the property, she is bound with the compromise, if she is adamant and want to sale or transfer the property by any other means , file a suit for permanent injunction against her & get the decree of permanent Injunction against her, you can also file a declaration suit against her or her agents, representative or any other to sale this property.
section 14 (1) gives the absolute ownership of the property to women but this section does not applicable in this condition.
Feel free to call
Shonee Kapoor
(Expert) 17 January 2012
I tend to differ with the other experts.
Though the transfer has been for the benefits arising out of it, there can be circumstances which may warrant change of those terms after 30 years.
Hence, the suit is maintainable.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
