Court can create charge over the alienated properties for re

Dear sir/ma'am,

Please advice me that is there any provision to stop deal of sale property (home on name of my husband)by himself.

As i filed a case and he said he will ready to divorce on ground if will give him on notary that i have no right on his any property.He and his brother is very queral in nature. As he is jaat by caste .He denied to give divorce earlier also when i was only give him threat due to that maybe he will be change his attitude and make my family to second chance but no positive response unless he refuse to give any thing.

as heared with somebody that he is solding his property is there any provision to stop make any stay order from court on his deal.

Is there any right i have legal right on his property.

And also suggest what will i get if he sold his property he get some amount in white and some in other. In that amount what percentage i will be recived by him. On the total amount of sale or only white money he recieved.

What to do suggest urgently.

Regards

Shiwali Kaushik

E-mail Id    Shiwali_kaushik@yahoo.co.in

Dear sir/ma'am,

Please guide that if he tried to do that i will get divorce as ex-party , so that i will get nothing from his side.

he said " i will not come on hearings. why i will come on hearings."

Actually he dont want to give divorce .

Regards

Shiwali Kaushik

Shiwali .... maybe in next birth you can get a bit of other's properties !! Learn to earn yourself ~~ No point in being a Haraami !!

ha ha ha ha HA , Agree with gunjan.

Shiwali ur parents dont have any property kya

Dear gunjan/kiran,

Its not like that my respected friends that my parents have something or not . Its like its my right and in my 10yrs of marriage i m only earning person Of Rs10000 per month and exlpoited by him and there is many more reason but now he supposed   washing his hands like nothing , actually i want nothing from him but i taking suggestion in the open forum thru other layers so that if any provion of that.

And you people making fun and marking stupid comments on another girls problem.

I had taken stand on my own had finghting .

I am depend on parents single penny . I am working but in some times i will be faces diperesion maybe you can think what metal trauma faced by women after this type situation if you are really intelligent girls,

Hats off too you and way of commenting on other problem or situations being girls.

 Regards

Shiwali Kaushik

Straight forward reply to your question is NO you cannot stop him from selling his own property in a subsisting marriage.

However we donot know under which Code / Act you have filed ‘one case’ as you say in your brief. Be it so also note he saying give this on Notary or that also does not make sense in legal parlance. As far as you giving him earlier ‘threat so that he mends his way’ all I have to say to it is that you were not properly guided as better provisions exists to claim alimony as your sis almost 10 years old marriage brief.

Now here are the ways with which you can have better future;

1. Under HMA it provides for the maintenance during the pendency of any proceedings under the Act as well for permanent Alimony and maintenance on the finalisation of the any matter where a decree if passed. Be note here that under HMA gives right to claim the above mentioned financial relief to both husband as well wife depending on their own income and that of the other party as well the property held by both from which there may be income incurring to them.

2. Also note the HMA also provide for settlement of property jointly owned by both parties which they were presented to them at the time of marriage.

3. The HSA provides for one share of the self acquired property of the husband to the wife as his widow that is after his death and not during his lifetime and this too with a condition that the Hindu husband dies intestate that is without leaving a Will.

4. The HAMA also provides for the Hindu wife to claim monthly maintenance from her husband if she has no source of income for herself to maintain herself.

5. S. 125 of the CrPC provides for monthly maintenance to wives (irrespective of their religion) from their husband if they have no source of income or mean to maintain themselves.

6. A wife can seek not only right to monthly maintenance against the husband but even enforce her right to residence against him under the DV Act, 2005.

7. Under RCR decree in wife’s favor she can execute the same and seek sale of husbands self owned property as well as income from salary or business or inheritance as the case may then come out to be.

Note that the right of wife is for monthly maintenance, permanent alimony and maintenance and right to residence against her living husband and apart from these she has no right to claim any share in any of the properties of her husband during his lifetime and even after his death she gets one share only whereas all the sons and daughters of the Hindu male also get one share each, as his mother too can claim one share, all this only if this Hindu male dies intestate without making any testamentary document devolving his whole property to someone else. No half share to Hindu wife out of her husband's property during his lifetime or even after his death unless other Class 1 heir(s) of this Hindu Male are living is current Law.

I fail to understand how the idea of ‘stopping sale’ of his own self property got implanted in your litigation walk? I also fail to see how your side can get injunction towards such sale? I further fail to understand why none of the above provisions which are your legal rights in case in hand were ever tried?

Note:
Create a separate thread for further Q&A. 

Originally posted by : Tajobsindia
	Now here are the ways with which you can have better future; 1. Under HMA it provides for the maintenance during the pendency of any proceedings under the Act as well for permanent Alimony and maintenance on the finalisation of the any matter where a decree if passed. Be note here that under HMA gives right to claim the above mentioned financial relief to both husband as well wife depending on their own income and that of the other party as well the property held by both from which there may be income incurring to them. 2. Also note the HMA also provide for settlement of property jointly owned by both parties which they were presented to them at the time of marriage. 3. The HSA provides for one share of the self acquired property of the husband to the wife as his widow that is after his death and not during his lifetime and this too with a condition that the Hindu husband dies intestate that is without leaving a Will. 4. The HAMA also provides for the Hindu wife to claim monthly maintenance from her husband if she has no source of income for herself to maintain herself. 5. S. 125 of the CrPC provides for monthly maintenance to wives (irrespective of their religion) from their husband if they have no source of income or mean to maintain themselves. 6. A wife can seek not only right to monthly maintenance against the husband but even enforce her right to residence against him under the DV Act, 2005. 7. Under RCR decree in wife’s favor she can execute the same and seek sale of husbands self owned property as well as income from salary or business or inheritance as the case may then come out to be. Note that the right of wife is for monthly maintenance, permanent alimony and maintenance and right to residence against her living husband and apart from these she has no right to claim any share in any of the properties of her husband during his lifetime and even after his death she gets one share only whereas all the sons and daughters of the Hindu male also get one share each, as his mother too can claim one share, all this only if this Hindu male dies intestate without making any testamentary document devolving his whole property to someone else. No half share to Hindu wife out of her husband's property during his lifetime or even after his death unless other Class 1 heir(s) of this Hindu Male are living is current Law. I fail to understand how the idea of ‘stopping sale’ of his own self property got implanted in your litigation walk? I also fail to see how your side can get injunction towards such sale? I further fail to understand why none of the above provisions which are your legal rights in case in hand were ever tried? Note: Create a separate thread for further Q&A.

He He .....A very good brief on how to claim alimoney but she want get anything as the provisions of  the above which are her legal rights no longer apply as she herself  has concluded that she is a working women and works as a operations Manager should her It returns be called for the truth would emerge .

Only relif that would work is RTR 

Only option for her would be to pray for her husbands death which i dont think so would happen in the near future