Self acquired property - alienation - thired party suit
md.shafi
(Querist) 29 April 2012
This query is : Resolved
mohter in law filed suit for Perm.. Inj.. and in I.A prayed not to alienate the property without settling anything to her daughter.
The proerty is self acquired property.
husband fild Divorce case.
Qus ; whether mother can seek this prayer and this suit is manintanable -- any case law regarding this
2. if wife file suit for the same without asking maintanace, what is th effect?
whether wife can seek any injuction or any order against the property, where the hundand is the General power attorney
in favour of hunsband any case law kindly mentioned
adv. rajeev ( rajoo )
(Expert) 29 April 2012
this suit is not maintainable because property is self acquired property of the husband.
If wife has filed suit for maintenance, she has to file an IA for attachment before judgement or not to alienate.
Devajyoti Barman
(Expert) 29 April 2012
No one including wife can restrain a person from alienating his self earned property.
However the wife has right of residence and in that connection may apply for restraint order in connection with a particular property under PWDV Act.
ajay sethi
(Expert) 29 April 2012
if it is husband self acquired property no injunction can be grantwed restraining husband from alienating property . wife has right to stay in shared household
Raj Kumar Makkad
(Expert) 29 April 2012
1. Not maintainable if the daughter of the plaintiff is capable enough to contest her own case or if she has not given any POA in favour of the plaintiff mother to do so.
2. In that case maintenance shall not be provided.
The given case is not maintainable and so let your wife prove her case. You do not require any citation rather she requires in her support. Let her come with any case law.
Shonee Kapoor
(Expert) 01 May 2012
Wife can get injunction under PWDVA, 2005 for not alienating the property till the disposal of the case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
md.shafi
(Querist) 02 May 2012
thank you very much for spend your precious time for me......
if any one have case law with reg this kindly share it
once again thanks...
