Wife's right to husbands self-earned property who is alive

Straight forward & Very well answered by T. Kalaiselvan, Advocate....

 

I dealt with query no.3  of Mr. Karthik which states as,-Is there any legal procedure to stop the further selling of assets by Mr. Rakesh? I ONLY POINTED OUT  THE LEGAL PROCEDURE TO STOP FURTHER SELLING OF ASSETS.  i DID NOT DEAL WITH QUERY NOS.1 and 2.

It transpires from the statement of facts of the Author that the wife of Mr. Rakesh feeling insecured financially as Mr. Rakesh is selling properties one after other without caring the interest of children and wife .  Besides it appears that Mr. Rakesh is not caring his family , Reasonably one can easily apprehend  that THE INTENTION OF Mr. RAKESH IS TO DECEIVE HIS SONS AND WIFE from the benefit of his assets which the wife wants to stop.  Such intention is for the interest and welfare of the family but not for self only. Such good intention ought to be protected by legal help.

Somebody may say that after all by application of strategic Advocacy temporary relief can be obtained but what will be the ultimate gain or outcome after a long drawn procediings. My reply is the Author did not ask it so I am not suppose to comment over such a question and according to me one must not comment over such a question

Further somebody may say after spending several lakhs of rupees as court costs and expenses what will be the ultimate benefit of the client.  In reply I say that this question is not in the query under reply so I cannot abruptly think about this illogical and lit up with smile question.  Because those who comes High Courts and Supreme Court of India to fight the case they know very well that it will be highly expensive . More particularly if they engage any Senior Counsel the litigant shall have to pay fees in Gms. viz., in terms of the value of Gold Mohars.  At least I NEVER FIND THAT THE CLIENTS ARE RELUCTANT TO MEET HEAVY COSTS AND EXPENSES IN COURTS.. Although as a practitioner of the Original Side I AM GETTING FEES FROM MY ADVOCATE-ON-RECORD ALWAYS AND TILL DATE..iN THIS MATERIAL WORLD NO BODY CAN PREDICT WHAT WILL HAPPEN TOMORROW.  But I can strongly assure  that by application of perfect Advocacy and legal skill and logical argument the Author can get relief as she desires.

Wife or childern has absolutely no rights on hubby's self earned exclusive immovable property.

HMA Amendments Bill was not passed by the Lok Sabha....

However perfect the advocacy and legal skill or logical arguments,  the wife cannot get any relief if the existing laws of land do not support

TO MR. D.V.ACT BUSTER 

                                              I FULLY AGREE WITH THE OPINION OF MR. RAVINDER REGARDING HIS CLARIFICATION / DUTY OF ADVOCATES WITH REGARD TO HIS CLIENTS . BUT MR. BUSTER IS UNABLE TO UNDERSTAND THAT MEANING . I AM OF THE OPINION THAT MR. BUSTER MUST BE A VERY STRAIGHT FORWARD ADVOCATE AND WILL NOT ACCEPT A FALSE CASE EVEN IF HE IS OFFERED ONE MILLION INDIAN RUPEES AS FEES .           REGARDING HIS FALSE  ALLEGATION ABOUT ME IN AN ELECTRONIC MEDIA THAT I HAVE GIVEN MY OPINION UNDER THE INFLUENCE OF LIQUOR REALLY PAINS ME AND HE IS FORCING ME TO INITIATE CRIMINAL ACTION AGAINST HIM UNDER THE INFORMATION TECHNOLOGY ACT 2010 AND I MAY FILE A CASE IN THE APPROPRIATE COURT OF LAW AFTER THE ELECTIONS ARE OVER . YOU YOURSELF FIGHT THE CASE AND PROVE THAT I AM AN ALCOHOLIC UNDER ANY LAW OR AS PER ANY JUDGEMENT OR SUBJECTING ME TO ANY MEDICAL TESTS TO PROVE THAT I AM AN ALCOHOLIC. I AM READY FOR ANY MEDICAL TEST . IF YOU FAIL TO PROVE YOUR ALLEGATION THEN IT IS MY CHANCE TO LAUNCH PROSECUTION PROCEEDINGS AGAINST YOU . YOU MUST FIRST LEARN TO BEHAVE AS AN ADVOCATE . THERE ARE MANY RULES IN THE ADVOCATE ACT . YOU FOLLOW THAT FIRST .

YOU HAVE WRITTEN ABOUT MR. BISWANATH ROY ALSO IN YOUR PREVIOUS POSTING IN A DEGRADING MANNER . DO YOU KNOW WHO HE IS ? HE IS THE PERSON WHO REPRESENTED OUR FORMER PRIME MINISTER ( LATE ) MRS. INDIRA GANDHI'S CASE IN THE HIGH COURT . HE DID NOT TELL ME THIS NOW . AT THAT TIME I HAD TO ATTEND DELHI ON A MATTER THAT NEED NOT BE DISCLOSED IN THIS FORUM . I WAS VERY MUCH INTERESTED TO WATCH THE PROCEEDINGS IN THAT CASE AS I AM HER FAN FROM HER DAD'S TIME AS PRIME MINISTER OF INDIA . NOW I HAVE COMPLETED 58 YEARS . THEN YOU CAN IMAGINE FROM WHAT AGE I HAVE SEEN HIM . AFTER THAT I HAD THE OPPORTUNITY TO MEET HIM ONLY IN THIS FORUM .SINCE HIS PERSONALITY DID NOT CHANGE EVEN NOW , I WANTED TO CONFIRM THAT FROM HIM AND GOT THAT CONFIRMED . HOW POLITELY HE IS REPLYING TO YOUR QUESTIONS EVEN THOUGH YOU ARE SPITTING ON HIM . THAT SHOWS HOW SIMPLE PERSON HE IS . HE IS MAINTAINING THAT FROM THOSE DAYS . IF YOU HAVE REPRESENTED SUCH A CASE ,THEN HOW YOUR REPLY WOULD BE . YOU WOULD THROWN EVERY BODY OUT OF THE FORUM ITSELF . - JOSEPH WILFRED - 25/03/2014 AT 23.53 HRS.   

Dear Joseph ,

In your words

"EVEN NOW I AM HAVING THE JUDGEMENT OF A WOMAN FROM SOUTH INDIA WHO APPROACHED THE SUPREME COURT OF INDIA FOR GETTING A EQUAL SHARE IN HER HUSBAND'S PROPERTY"

As you implied that the court granted the wife, equal share in Husbands property, Please  post the same here in its entirety for everyone to see. 

in the context of the query under reply  I need mention here that once I had opportunity to serve Tata Fison Ltd.,as Legal Consultant and Chief Personnel Manager and by virtue of my office I took interviews for the posts of General Managers ( now those who are called as CEO ) and Chartered Accountants, besides I was a Governing Body member of Indian Institute of Personnel Management for several years so I had scope to measure the intellect ,aptitude, attitude etc. of the candidates but i experienced some of them are injudicious and dunce.- B. N. ROY, Senior Counsel

Ravinder P is online on this forum for money. He admitted himself that lawyers work for money no matters right or wrong. how crazy he is>>>Man even you will ask money for your soul? lots of freaky points given by bishwanath and josheph but no one has produced the judgement so far.Whts going on this legal platform making me nutt. plz mr. bishwanath do some legal practice again it doesn't matter you have served union of india or Indira gandhi or ambani, dont behave like unprecedented.

Somebody may say  I posted some freaky points in replying to the captioned query which as it seems as unfortunate to me as well as to such commentator.  I do not know  what he actually meant to say.  Does it mean " CAPRICE "? Or ABNORMAL PRODUCT IN NATURE?   In my earlier post I referred the Case no . and the court of jurisdiction now I am giving the cause title of the case which is as follows,- Probhas Chandra vs. Indubala & Ors.  If any Expert quotes a case reference he cannot be called for to submit or disclose the entire case judgement to satisfy discourteous people.  If any body interested for the entire judgement or Decree he can collect it from the court at his own costs and expenses.

DEAR MR. NADEEM QURESHI / MR. RAVINDER .P.

                                                                                     NOW YOU HAVE COME OUT IN SUPPORT OF WIFE'S RIGHT NOT TO ALIENATE THE HUSBAND'S PROPERTY . BUT THE SUPREME COURT AND SOME HIGH COURTS HAD DEALT IN VARY CLEAR TERMS THAT THE HUSBAND CANNOT ALIENATE THE PROPERTIES EVEN BY EXECUTING A WILL . I WILL POST IT ON A LATER DATE ONLY BECAUSE SOME OF THEM HAD BEHAVED IN A MANNER THAT ONLY XXXX ON THE STREETS WILL BEHAVE . ONE PERSON HAD USED EVEN A VULGAR WORD WHICH I STRONGLY CONDEMN . HE USED THE WORD " SHIT " IN SLANG AS IF HE ONLY KNOWS THAT TYPE OF ENGLISH . THAT IS THE MEANING OF " EXCRETA " -  WASTE DISCHARGED FROM THE BODY. HE DOESN'T KNOW THAT IF THAT DOES NOT COMES OUT FOR 4 OR 5 DAYS HE MUST GET HIMSELF ADMITTED IN A HOSPITAL . IF THE HOSPITAL IS UNABLE TO BRING IT OUT THEN ONLY AN ICE BOX HAD TO BE PREPARED FOR HIM . THE COURTS HAD COME OUT STRONGLY ON FACE BOOK AND OTHER SITES, ONLY AFTER VERIFYING THE GENUINENESS OF A PERSON'S CLAIMS THEY MUST BE ADMITTED AS MEMBERS OF THE FORUM . WHY , EVEN AS PER THE TRAI REGULATIONS MOBILE AS WELL AS INTERNET CONNECTIONS TO BE PROVIDED ONLY IN THE NAME OF THE PERSON AFTER VERIFYING THE CLAIMS . THIS FORUM ALSO SHOULD NOT ALLOW PERSONS TO BE ENROLLED AS MEMBERS UNDER A "MASK" AND GIVE THEM SOME NICKNAME . ALL SHOULD BE MEMBERS IN ANY ELECTRONIC MEDIA ONLY IN THEIR NAMES .

        THE MAIN MATTER I WANTED TO CONVEY YOU WAS , YOU HAVE POSTED IN THIS COLUMNS THAT IT IS THE DUTY OF THE ADVOCATE TO PROTECT HIS CLIENT IN WHATEVER WAY IT IS POSSIBLE IF THAT CLIENT IS WILLING TO PAY THE NECESSARY FEES FOR THE REPLY GIVEN BY MR. BISWANATH . THAT HAD COME IN A HIGH PROFILE CASE IN THE SUPREME COURT WHEN THE HONORABLE JUDGE HAD OBSERVED IT . BUT ANY COMMENTS PASSED BY JUDGES IN ANY CASE IS NOT BINDING . I WILL PUT THAT IN A VEILED MANNER .

" SHOCKED AT THE REVELATIONS IN THE REPORT SUBMITTED BY JUSTICE MUKUL MUDGAL PANEL IN A SEALED COVER, THE SUPREME COURT ON TUESDAY ASKED BOARD OF CONTROL FOR CRICKET IN INDIA ( BCCI ) PRESIDENT N. SRINIVASAN TO STEP DOWN ON HIS OWN TO ENSURE A FAIR TRIAL INTO ALLEGATIONS OF BETTING IN THE INDIAN PREMIER LEAGUE . A BENCH OF JUSTICES A.K. PATNAIK AND IBRAHIM KALIFULLA TOLD SENIOR COUNSEL ARYAMA SUNDARAM APPEARING FOR THE BCCI " YOU ASK MR. SRINIVASAN TO STEP DOWN , OTHERWISE WE WILL GIVE OUR VERDICT ASKING HIM TO STEP DOWN " . JUSTICE PATNAIK SAID " UNLESS THE BCCI PRESIDENT STEPS DOWN , THERE WON'T BE A FAIR INQUIRY . THE MAN AT THE TOP MUST GO . WHY ARE YOU [ MR. SRINIVASAN ] STICKING TO THE POST ? IT IS NAUSEATING . YOU [ MR. SUNDARAM ] SHOULD BE HONEST AS COUNSEL AND NOT AS A LAWYER FOR MR. SRINIVASAN . SINCE MR. SUNDARAM IS THE COUNSEL FOR THE BCCI , HE MUST TAKE CARE OF THE INTEREST OF BCCI ONLY AND NOT THAT OF THE PRESIDENT . THIS CLEARLY SHOWS THE STAND A COUNSEL SHOULD TAKE WHOM HE REPRESENTS IT . IN THIS CASE THE BCCI . THE OPINION GIVEN BY YOU FOR MR. BISWANATH'S REPLY THAT HE WOULD PROTECT ONLY THE INTEREST OF HIS CLIENT HAD BEEN ENDORSED IN THIS REMARKS MADE BY THE HONORABLE JUDGES OF THE SUPREME COURT . BUT THIS REMARK MADE BY THE JUDGES IS NOT BINDING ON THE JUDGEMENT WHICH WILL BE DELIVERED AT A LATER DATE . THIS WAS MADE CLEAR IN ONE OF THE SUPREME COURT JUDGEMENT WHEN THE APPELLANT INVITED THE ATTENTION OF THE COURT TO THE JUDGEMENT WHICH WENT AGAINST HIM ALTHOUGH THE REMARKS MADE BY THE JUDGES WERE FAVORABLE TO HIM - JOSEPH WILFRED - 26/03/2014 AT 21.09 HRS  

TO MR D.V. ACT BUSTER / MR . SH****

                                                              YOU BOTH FIRST " UNMASK YOURSELF AND POST YOUR REAL PROFILE IN THIS FORUM " . POSTING OF FALSE PROFILE OR USING THEIR OWN NICKNAME IN ANY MEDIA IS PROHIBITED BY THE TELECOM REGULATORY AUTHORITY OF INDIA AND THE HIGH COURT OF DELHI . WILL YOU BE IN A POSITION TO GET AN INTERNET CONNECTION OR A MOBILE CONNECTION FROM ANY OF THE SERVICE PROVIDER  WITH A FALSE ADDRESS AND IDENTITY PROOF ? I HAVE WRITTEN ABOUT MR. SHIT AND WHAT WILL HAPPEN TO HIM IF THAT SHIT DOES NOT COME OUT OF THE BODY FOR 4 OR 5 DAYS . HE WILL BE ADMITTED IN A HOSPITAL . IF THE HOSPITAL AUTHORITIES IS UNABLE TO CURE HIM OF THAT SHIT PROBLEM THEN, ONLY AN ICE BOX HAD TO BE MADE FOR HIM . SINCE HE CALLED ME A SHIT I CAN ALSO USE SOME SLANG TO SHOW HIM THAT I TOO KNOW SLANG ENGLISH .                              " YOU BULLSHIT " AND SON OF A XXXXXX " . IS THIS ENOUGH OR YOU WANT TO HEAR MORE FROM ME . KEEP YOUR TONGUE UNDER " WRAPS " . IF YOU USE SUCH WORDS IN THE PUBLIC AND THAT TOO IN INTERIOR SOUTH COASTAL PART OF MY STATE " YOU WILL NOT HAVE THAT PART " AND THEY WILL CUT THAT PART . NOW IF YOU WANT, YOU FILE A CRIMINAL CASE ON ME  FOR USING SUCH WORDS IN THE ELECTRONIC MEDIA . I AM HAVING JUDGEMENT AND I KNOW HOW TO WIN THAT CASE . MR. D. V. ACT . BASED ON THAT JUDGEMENT I HAVE TAKEN PRINTOUT OF 2 MORE JUDGEMENT TODAY . BUT I WILL POST IT ONLY WHEN MY MIND CALMS DOWN OF YOUR VULGAR WORDS UTTERED  AGAINST ME .  YOU DON'T KNOW WHAT KIND OF PERSON I AM . I AM A VERY SOFT SPOKEN AND A FRIENDLY PERSON TO THOSE WHO BEHAVE AS A GOOD HUMAN BEING . DO YOU KNOW THAT I WAS NOT A RAG PICKER LIKE YOU . I WAS FROM A NATIONALIZED BANK AND THAT TOO THE VICE PRESIDENT OF THE WORKMEN UNION OF OUR BANK . BESIDES THAT I WAS THE NATIONAL EXECUTIVE COMMITTEE MEMBER OF THE NATIONAL FEDERATION FOR 28 NATIONALIZED BANKS ON THOSE DAYS . IN ADDITION TO THAT I WAS THE TREASURER OF THE STATE FEDERATION FOR 28 NATIONALIZED BANKS ON THOSE DAYS TILL MY VRS . MANAGING A UNION IN A WHITE COLOR JOB IS NOT THAT EASY . IF NECESSARY I WILL STOOP DOWN TO LOWER LEVEL TO TOPPLE YOU. I HAD THE SUPPORT OF ALL THE BANKS BECAUSE I WILL BEHAVE IN A PROPER WAY THAT YOU CANNOT BE EXPECTED FROM A PERSON FROM A UNION . I HAD THE SUPPORT OF THE HIGH COMMAND ALSO . EVEN NOW I CAN APPROACH ANY BANK JUST OVER PHONE NOT FOR ANY LOAN BUT TO SETTLE SOME OF THE GENUINE PROBLEMS THAT MY GENERAL SECRETARY WILL REFER TO ME . THAT IS ONLY A HONORARY POST . WILL YOU GET A HONORARY POST IN ANY ORGANIZATION. HAVE YOU READ MY COMMENTS IN THE TIMES OF INDIA PUBLISHED LIVE . MY RECENT COMMENTS PUBLISHED LIVE WERE ABOUT THE MISSING AIRCRAFT . I HAVE POSTED 2 COMMENTS AND BOTH WERE PUBLISHED LIVE . THE FACTS WILL BE SO GENUINE THAT I GET FROM THE WEBSITES ABOUT THE ALTITUDE OF THE AIRCRAFT AND WHICH COUNTRIES HAVE GOT THAT INFORMATION AND AT WHAT TIME FROM THEIR RADARS . BASED ON THOSE INFORMATION I WILL ARRIVE AT THE CORRECT CONCLUSION . AS PER THE COMMENTS MADE BY THE SHIT , THIS SHIT IS THE HOLDER OF THE STUDENT PILOT LICENCE ISSUED BY THE CIVIL AVIATION DEPARTMENT , GOVERNMENT OF INDIA IN THE YEAR 1976. THE AIRCRAFT FLOWN BY ME WAS " PUSHPAK CHETAK " SINGLE ENGINE - JOSEPH WILFRED - 26/03/2014 AT 22.06 HRS    

ROFTL......(Can't control my laugh on the above comments)

Dear Mr. Media Man, What had happened to you. anything went wrong can I help you out?

or your areas donkey's are recognising you to make you as a friend

are you practicing for the same......?

No Na,then why are you behaving in such a manner?

Nywayz

The above Mr.Bull sh*t has been augmented himself as the most worst writer in caps lock with a snooty sense of explanation.

Sorry Mr. all india  I can't read your whole comments because I love my eyes more than your sh*ts.

For you I have only two lines:

1. An aimless person always differ from the main object as he doesn't know what is the topic and where to hit and what to hit.

2. When donkey make noise we say that what an irritating sound he is making

but when lion roars even elephants,birds and all animals make tune with them.

So, be like a Lion don't imitate yourself as donkey.

be like a such tree which is loaded with fruits and don't be like a snob tree standing straight otherwise you will be cut first.

Be a flexible man yarr.

Enjoy karo life ko. Don't be rustic . I said in a hilarious way,but you took in other way. And then you spoken all the bull sh*ts.

But the Fact is that your posts are not worth just for the reason as you are writing in a caps lock without giving space. As a friend or member of LCI I have suggested you. Now it's upon you whether to change or not.

PS- What ever rules and regulations you are drafting here I have already done for you don't worry.

I know Media as well as Law much more than you.

Good luck:))

Take care.

(ESIS)

The good thing about internet and this online forum is that it brings everyone on the same level platform, whether you are the most powerful politician, union leader, general manager, aircraft pilot orthe common man ( aam admi). This forum allows everyone to interact with each other irrespective of position, cast, creed, rich or poor. Any person putting forward a query here does so with the expectation of getting simple, clear and honest opinions from the experts. Some people want advice before jumping into the litigation process. Some people ask questions because they maybe misled or misguided by their existing advocates. Many people ask questions for other reasons also. The seniority of the experts, counsels , experienced advocates have to reflect in the answers to these queries in the forum. Some advocates urge the authors to contact them privately and convert these opportunities into business. Nothing wrong with this also. I feel those who are answering and adivicing free of cost should at least do so ethically and to the best of their knowledge to guide the authors for best options to help them. That is truly the spirit of this online forum. Some senior members suffer an identity crises and have to establish their credentials so that people take them seriously. They want their egos to be massaged all the time. They also undetestimate others. They hijack the conversation and distract from the original query as there is no substance in their replies. They want to focus on their own importance. Resorting to allegations and threats will not make people respect them. Some people mask their names and identities as they may be big names and do not wish to expose their identity for the simple reason that their presence on this forum may conflict with their practice. This is the digital age .....those who dont adjust to it , they will be lost and forgotten like the one time powerful dinosaurs...

@ D.V. ACT BUSTER

I appreciate your say " I feel those who are answering and advising free of cost should at least do so ethically and to the best of their knowledge to guide the authors for best options to help them. " In the captioned query I followed the same principle.  From the query I COULD UNDERSTAND THAT A LADY CRIES TO SAVE HIS FAMILY'S ECONOMIC SECURITY FOR FUTURE AND SHE IS SEEKING HELP FROM EXPERTS THEIR ADVICE TO PREVENT MISCHIEF IN THE HANDS OF HER HUSBAND VIZ., TO STOP FURTHER SELLING OF IMMOVABLE PROPERTIES LEFT UNSOLD.   Under the circumstances ethics of a lawyer should be to save the fear stricken lady secondly to stop further selling of immovable assets to create economic security of the family.  That is why I REFERRED AN OLD CASE WHERE UNDER SUCH CIRCUMSTANCES THE WIFE COULD ABLE TO OBTAIN AN ORDER FROM THE HIGH COURT FOR APPOINTMENT OF A RECEIVER  UPON THE PROPERTY FOR 3 YEARS AND ULTIMATELY COULD ABLE TO CREATE OBLIGATIONS OTHERWISE UPON THE PROPERTY IN SUCH A MANNER THAT THE HUSBAND DURING HIS LONG LIFE TIME COULD NOT SELL THE PROPERTY.