Legal Question in Civil Rights Law in India

Dear Sir

Question asked on behalf of my aunty

I (55) have filed case under domestic voilance act against my husband (62) in October'2010. My husband has sold my house to my tanent On 7th January'2011 but till date i am possession of this house ( Land of this house is ancestoral and my husband has built the house on it , i have the papers for ancestroal property) .

In a civil case with me my tanent (who hold a shop at the ground floor of my house)has got the ownership of this house but he is not been able to take the possession of entire house as i have got the R.O.till the disposal of this case under domestic voilance act.

My husband has put objection against the above RO in April'2011 for the First time in DV Act case (which was filed by me in October'2010 ) denying having any relationship with me but has not admitted that he has already sold this house to my tanent in January'2011.But i have all the marriage photographs,id and address proof ,rationcard,voter list and 125 CRPC Ex parte order of maintenance of Rs.500/- p.m.

The Tanent is a whealthy person and he is trying through every mean to occupy the entire house. I have also filed FIR under Section 323/504/506 of IPC against him in the local police station,. The tanent is really disturbing me a lot and trying every means through local influence also to take the possession of our house.

I just wanted to know, Will Section 52 of the Transfer of Property Act will apply to get this sale deed of my house Cancelled (between my husband and my tenent ) to this case of mine showing Sale Deed done during the pendency of the DV Act Case (Filed in October'2010 and sale Deed was done in Janaury'2011)

I know it is the planning of my husband (who is control of his mistress) and my tanent to bring us on road. I have only one Son (32) , i have also filed Sale Deed cancellation suit th my son making parties to my husband and the tanent,but since the last 10 months both the opposite parties are not responding to this case. This month i have also got the commission report done in favour of us in my son's case showing our possession to the house but still no response from opposite party.

I have also claimed monetary relief of Rs.7000/- under DV Act but my husband is just delaying this process. Is there any way i can pray to court to get this justice to be done soon in DV Act case .Also Can i get this sale deed Cancelled th Section 52 of TP Act showing pendency of DV Act Case since October'2010 ( Filed before 3 months before the Sale Deed).

Please Suggest.


Asked on 9/03/12, 4:32 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you may consult a local lawyer for the remedy.

Read more
Answered on 9/03/12, 5:08 am


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