Legal Question in Civil Rights Law in India

Dear Rajeev Gupta Sir,

I am really grateful to all of you for your valuable support and guidance.

I had word with my lawyer (experienced more than 10 years) regarding the below judgement he is saying that the stay is valid for all the plots including the sold ones but some of local lawyers are arguing that your lawyer has taken the benefit of seniority and have kept the judge in dark and taken wrong order as the earlier sold plots can't be considered under stay as i have filed this case after the sale of the 70% of the ancestoral property property. They are really confused and nobody is being able to give me the clear picture.

I just wanted to know from the prospect of civil rights law if i have this order in my favour what it should mean it is valid for the 30% unsold property or it is valid for the 100% (all are ancestoral property). I think if the order has been passed it might have taken into account my full ws and it might be the order that stay is valid for 30% unsold property and injunction might be vaild for the 70% sold ones.

I just wanted to know from the prospect of civil rights law what should be the real meaning , I know land law might be different state to state but passed order's cant be and if an order has been passed the Honourable judge might have taken into account all the facts and circumstances.

Dear Sir

I am putting my question again to provide link for the full story:-

My Husband(62) is totally in control of his mistress and he has sold almost his 70% property and he is denying having any relationship with me (56) and my son (32)

I have all the evidence in my favour like id and address proof ,marriage photographs,marriage invitation card ,125 CRPC maintenance order of Rs.500/- per month .

I have filed civil case under section 33 of C.P.C. and Also under Section 39 of Rule 1 clearly stating that 70% of the property( he has sold 3 big plots of ancestoral land and our house( Land of this house is ancestoral only my husband has built the house) has already been sold by him to a third party and I have also claimed Rs.6000/-p.m.,. for my livelihood (have claimed Rs.66000/- in total for 11 months) and mentioned the requested not allow my husband to sell the plots including the above mentioned 70% of the plots which has already been sold to any third party. I have given the plot details of all the 100% plots including our sold house in this case. I have mentioned that all the land is an ancestroal one .At the end of the prayer in my case and I have asked the court to restrict him for selling the property and pay me Rs.6000/- p.m. for my expenses.

I have given the details of all plots including the Sold ones.

I have got the order in this case restricting my husband to transfer his own share of above mentioned ancestoral property to any third party ( on all plots which I have mentioned at the end of the prayer including the sold ones). The Court has ordered not to transfer his (My husband�s) Share of property to any third party which has been mentioned in my case prayer in the last para ( Including the 70% sold one)

I wanted to Confirm wheather this order will work as injunction for the above 70% sold ancestoral properties or not. My lawyer is saying that all the sold properties are also covered under injunction of this order, but I consulted some local lawyers they said that your lawyer has taken the advantage of seniority and got the wrong order and my order of not allowing my husband to sell the ancestoral property applied only to the rest 30% properties which are unsold.

But in my case details it has clearly been shown that 70% has been sold and I am also mentioning all 100% property details (including this 70%) to restrict my busband to sell this property but he has already sold it and my order states basically� that all the plots which are mentioned in the last para of my petition including the sold ones ( i have given description of all the ancestoral property which are in my husband's name) the opposite party is not allowed to transfer his share of property to any other person� .

Within this 70% sold property I have my house which I have got RO till the disposal of our DV ACT case and rest plots are open plots and the purchasing party has not occupied these plots till date.

Please Clarify the above order is for all 100% property (Ancestoral) of my husband or only for 30% of my husbands property (Ancestoral) which is now unsold.

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