498_victim_pc (None) 08 April 2014

Urgent | what to do with under construction flat in dv

Hi All,

My wife has filed 125 & DV against me and my parents, in DV application under RTR she has asked for providing her residence in the property owned by my parents only.But in that application she has not mentioned anything about the flat which is under construction and also loaned and on my name,purchased after marriage.
Apart from this she has also demanded for compensation of 50L.

So I have few doubts/questions and request the seniors to guide me:
1. What are the possibility that she can be granted residence in the house owned by my parents?
2. What should I do with the under construction flat which is under my name and I'm paying the EMI's, but she has not mentioned anything about that flat neither in 125 nor in DV?
3. Can she demand for stay on sell of my flat by filing any other application?
4. What about the 50L compensation she has demanded?

Seniors please give your advise as soon as possible
Thanks in advance.

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4 Replies

harish (manager) 08 April 2014

Firstly , she doesnt have any right to your parents residence , the solution is file an app. Stating that u r living in a rented premises at so n so location and ask her to join there, if she has any property under her name then she cant ask for dis right , plus file for temporary injunction Secondly keep on paying emi, she cant force you to sell it , so dnt worry Thirdly, one day she will asking for ambani's house that u cant give, file for divorce , in ur case i would not advice RCR , as she is upto shelter , dig her about prev employment and itr and family status , i no brothers then its good for you

harish (manager) 08 April 2014

Firstly , she doesnt have any right to your parents residence , the solution is file an app. Stating that u r living in a rented premises at so n so location and ask her to join there, if she has any property under her name then she cant ask for dis right , plus file for temporary injunction Secondly keep on paying emi, she cant force you to sell it , so dnt worry Thirdly, one day she will asking for ambani's house that u cant give, file for divorce , in ur case i would not advice RCR , as she is upto shelter , dig about her prev employment and itr and family status , if no brothers then its good for you

harish (manager) 08 April 2014

Firstly , she doesnt have any right to your parents residence , the solution is file an app. Stating that u r living in a rented premises at so n so location and ask her to join there, if she has any property under her name then she cant ask for dis right , plus file for temporary injunction Secondly keep on paying emi, she cant force you to sell it , so dnt worry Thirdly, one day she will asking for ambani's house that u cant give, file for divorce , in ur case i would not advice RCR , as she is upto shelter , dig about her prev employment and itr and family status , if no brothers then its good for you

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 08 April 2014

She has all the rights even for your parents property. Just read Delhi HC judgment posted today on this site i this section only.

Fight the case on technical issues otherwise once the monetary reliefs are granted it will be life long cancer.

In court just telling that your live in rented place will not do you have to show evidence..

Urgent | what to do with under construction flat in dv

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