Legal Question in Civil Rights Law in India
Dear Rajeev Gupta Sir,
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.
Dear Sir
I have few days back put the quetion to the respective court about the clearance of the plots on which the above order for not selling the properties are attached .I asked by mentioning the plot nos. wheather these plots ( which has already been sold )are also come under the above order which says that it should not be sold and cant be transferred to any other persons name.
I have got the reply of the above question and answer sheet from the court that yes it is valid on those plots also. I have mentioned plots nos. i have not shown that it has already been sold but in my civil case it has been clearly shown that these plots have been sold and at the end of the ws in the above cases i have mentioned the nos. of all the plots including the sold ones that it please do the needful that it cant be sold out .
and inthe above order it says all the plots which have been mentioned in the ws are covered and are not allowed to be transferred or sold.
I have got the question and answer sheet also duly mentioning the plot nos. that it should not be sold or tranferred and again on the question and answer sheet same reply that all the plots are covered for it.
Please clarify
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