Legal Question in Civil Rights Law in India

Dear 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 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.


Asked on 8/21/12, 12:26 am

1 Answer from Attorneys

req.copy of order so i can guide u

Read more
Answered on 12/23/12, 12:19 am


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