urgent help need

@Vipin

You said ,"now she is living in my house from more than one year and we r living on rent"

And thereafter you said,"my mother decided to sell that property to buy a home for us."

Yes, this property is in a name of your mother so she is a sole owner but again your wife demand from the court to give shelter (like rent house) not your mother property(right now she is living in this house Right!.

You havent mentioned your whole case but from the legal point your mother surely get this property.But your case has been run on merits .

And you have to provide some shelter to your wife under section 19. Residence orders. ,Dv act,2005.( as in your case she filed so many cases agains me...woman cell, domestic violence)

The effect is that from now you are living with your mother in a rent house ,now in future you have your own house and your wife will live in a rent house or 

(f) directing the respondent to secure same level of alternate accommodation for the aggrieved 

person as enjoyed by her in the shared household or to pay rent for the same, if the 

circumstances so require(under section 19 F)

thanks for replying me sir....i m sorry for the misunderstandings....actually....my mother is not goin to sell that home in which she is living.....my mother is going to sell another property.....my wife filed injuction on tw properties....one is the my home in which she is living....another is a land on mother's name.... so now can u suggest me further?

mr vipin u can file a appealagainst  this status -co order and ur wife didnot get ur mother property

but ur liable to maintian her and her residence status in the d.v.act

Mr Vipin

It is not so simple as you have mentioned.Would you mention just after marriage to which house your wife arrived and who was the owner of that property?How did your mother owned this property?Many legal points are involved in the matter.Take it for granted that the status quo would further be extended.Try to settle the matter with your wife honestly and if you alone are not able to settle then involve some mutual friends or relatives.

Mr B K gupta,

                       my wife arrived in my home which is in name of my father. and the another property was my grandfather's property and it came to my father's share after partition in family  but my mother and her brother(means my mama ji) purchased it from all other uncles etc.

how can i take it forgranted if the status quo would further extended.

infact my mother took advance of that property before the judge ordered status quo....and now mother has to take fnal payment and do registry in name of buyer.

if she failed to do it bcoz of status quo then she has to pay double of advance to the buyer.

The property which is owned and self-acquired by your father, cannot be snatched from your father and mother by your wife, not even by you.

About your grandfather's property, it is inherited partly by your father, but partly purchased/self-acquired. So, that makes it a complicated situation. As a child has a direct right in grandfather's property, so even his wife becomes eligible to claim the same! But, about the percentage share which your mother and her brother bought from your uncles, becomes their self-acquired again and cannot be touched.

thanks @ livenletlive....sir u said nobody can touch that property....which is owned by parents...then why judge gave status quo??

and tell me what shud i do to remove it???

mr Vipin

So far as registration of sale deed is concerned you or say your mother should inform the prospective buyer about status quo in writing per registered post on 27th May i.e. the date your case is listed for.As you are constrained due to court's order there arises no question of making double the payment.

As regards your main query now you have come out with the name of your father when I raised the question  and my presumption stood correct and in my opinion your wife's claim on the house to which she arrived after marriage would prevail.

So be advised to settle the scores amicably with your wife.

she has no right in the property of ur parents. Moreover, only on that ground ur mother can also file a complaint of DV Act against ur wife.

Mr Vipin

what is the status of status quo?