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Indermohan Kapoor (Retired)     24 December 2013

Ex-wife (divorced) wan't to occupy the flat forcibly entry

I got a mutual divorce order 14 months ago from family court, in which I given custody of 16 years old daughter to my ex-wife, I also given a POA of my flat as a compensation for maintainance and alimony to my divorced wife.. 

I came know from Society chairman & members that divorced wife is going to takeover the forceful occupancy of flat.

In order to claim the more maintainance for her & her minor custodian daughter.

She sent a letter through a lawyer asking a more maintainance of Rs.10,000 for custodian daughter.

 

Please help me how to deal the forceful entry of mutual divorced wife in my sole purchased flat?



Learning

 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 December 2013

Dear Querist she is not entitle to get any maintenance from you because of MCD. but you daugther has legal right to get maintenance if she is unable to maintain herself till the marriage. as per section 125 ofCr.P.C. feel free to call

T. Kalaiselvan, Advocate (Advocate)     25 December 2013

Just giving POA deed in her favor for the flat cannot be construed that you have settled a permanent alimony as property in lieu of money, you should have registered the property on her name, well, if she has POA, what is wrong in she going for occupancy of the said flat, anyway it was given to her  (?)  If you have not paid any maintenance amount to your daughter, you are liable to pay the same, please understand your position in this regard as per law.

Indermohan Kapoor (Retired)     25 December 2013

Dear Adv. Mr.T.Kalaiselvan,

I had given a POA to her as per family court order, we went for registration for the same in last year Nov. 2012.

There was correction in POA for address of executant so the sub registrar told us to go for correction after that I went to abroad for my job in Saudi Arabia.

For more info. I got two flats in mumbai, both are in single ownership of mine, in which one of the flat she already occupying from last two years with minor daughter, in another flat my son and me are staying and ex-wife want to forcibly occupy the flat in which I am staying.

Also I can produce the document proof of 5 lakhs of Fixed deposit and more than two lakhs of bank balance she swaped into her bank account before six months of divorce and I got receipt for the 300 grams of gold I purchased in dubai for her and my daughter from last five years.

Currently, I am jobless and staying in mumbai & want to sell the flat of my occupancy, any how ex-wife came to know about the selling of flat and as a result she want to forcibly enter and occupy the flat to claim her and her minor daughter alimony and maintainance..

Please help..

Thanks & best Regards,

I.Kapoor


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