wilson (service) 14 January 2011

PROPERTY OCCUPIED BY WIFE THRU DVC ORDER

MY FRIEND'S WIFE GOT ORDER IN HER DVC PETITION THAT SHE CAN NOT BE REMOVED FROM HOME. MY FRIEND IS STAYING SEPARATELY SINCE THE DVC PETITION IS FILED. MY FRIEND IS ABSOLUTE OWNER OF THE FLAT AND DOCUMENTS REGISTERED IN HIS NAME AND SHE WAS NOT ABLE TO PROVE THAT SHE WAS OWNER. NOW IT CAME TO LIGHT, SHE HAS CHANGED THE NAME OF THE OWNER IN THE LIST OF FLAT OWNERS AND PUT SON'S NAME AS OWNER OF THE FLAT. ? IS NOT MISUSE OF MAGISTRATE ORDER ? MY FRIEND HAVE ANY REMEDY TO INFORM COURT [DVC MAGISTRATE] ABOUT HER INTENTION TO GRAB HIS PROPERTY WHICH WAS ALLEGED IN HIS COUNTER PETITION FOR THE DVC CASE?

PLS ADVISE.

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2 Replies

Tajobsindia (Senior Partner ) 14 January 2011

1. Under DV Act 'husbands residence" is defacto concidered wife's residence and relief is granted. In your presented scenario wife showed need for 'residence', since husband has a property it was 'granted' by Court.

2. Husband should have objected (farsight missed) and instead should have offered equal 'residence' status to wife at the time of "residence order" passing. he missed the grab the property sight of wife which is main charm of DV when wife files. Now...

3. If you say the property is purely int he name of Husband then it is obvious that property papers needs only signature of husband. So where the wife could change the ownership in such half briefs question arise !

4. I feel the third party que. you raised has some missing links. Clarify where exactly means under which document she has done so as alleged by your friend via you ? I think this may be the case of a flat in a housing society wherein under monthly re-checking roaster of owners ./ tenants she may have done as alleged in presented brief. Otherwise also she can't change registration Papers of single owner property without the consent of THAT owner of absolute property. Hence some materials are missing in this brief.

wilson (service) 14 January 2011

sir, she has changed the list of owners in flat entrance with her son's name whereas my friend is absolute owner. she might have done to defame my friend.. he suffered a financial loss abt one crore due to her misdeeds/ businesses and criminal activities. the original documents were in a nationalised bank for a small business loan taken for which she was guarantor. and when friend was not able to pay fully, finally she paid 80000 [last 10 instalments ] and gave a letter to banker not to release the documents and bank manager supporting her without releasing documents even after giving legal notice.

how it will be if a public notice [distributing phomplets in that area] is given by my friend stating that she is trying to grab and sell the property unauthorisedly and cautions public stating with facts? my friend have any legal complications by doing so ?

thanks.. wilson