Legal Question in Family Law in India
Ancestral Property Attachment In 125CRPC Interim Maintenance Execution For Non Payment OF Money
Hello Dear Sir
I have question, my wife involved me in false case of 498 then filed 125 crpc case and then filed Dv act case and then filed divorce case, judge passed order in her favour and awarded her 2000+1000 (for my child) = 3000 as interim maintenance, now she filed execution and demanded 42000/- for 14 months and demanded attachment of my ancestral property which my great grandfather given to me and my brother (50% equally) through will ( some aggricultral land, 1 shop and 1 residental house )
1. my question will judge attach my ancestral property in 125 interim maintenance execution if i donot pay
2. how i can save my property from attachment.
3. can i transfer my 50% property rights now to my brother or mother.
4. what is the way to save 9% stamps duty fee when i transfer my property to my brother or mother.
5. can i use "surrender deed" or "relinquishment deed" to transfer my property to my brother or mother because somewhere on internet i read that this will cost 1 % stamp duty fee or 30000/- to execute this type of deed whichever is less.
a) also tell me is it possible to execute "surrender deed" or relinquishment deed" to my younger brother or mother in Jalandhar, Punjab because sale deed or gift deed attract ( 9% and 4% stamp duty charges when executed)
b) Is it right time to transfer my property to my brother name or mother name, because court already know about my ancestral properties and know 50% share is in my name in the case of execution application of 125 crpc interim maintenance case.
6. My wife self advertised about her re-marriage in newspaper without obtaining divorce from me, her self filed divorce case to get divorce from me, but judge did not consider this fact, i filed RCR before lodging the FIR near about 20 days ago before the FIR but judge did not consider this. and awarded her maintenance.
7. I appealed against the order of judge in session court but got my appeal got dismissed.
8. now the first date for my appearance in the court is 22/2/2012 tell me how i can save my property from attachment I donot want to pay even a single penny to my greedy wife.
9. i am ready to pay 1000 which judge awarded to my son, but dont want to pay 2000 per month to my greedy wife who destroyed my reputation, my life, my business, my family, my everything.
10. somewhere i hered that courts cannot attach ancestral properties (aggricultral land, shop and residental house) which my great grandfather given me and my brother 50% equally.
11. please provide me judgement regarding that ancestral properties courts cannot attach in the execution of 125 interim maintenance orders.
12. please provide me reply in the 125 crpc interim maintenance attachment case about the non attachment of the ancestral property.
Please reply my every question with solid proofs and judgements so, i can fight back.
Regards,
Hardeep
09914278739
5 Answers from Attorneys
ancestral property cannot be attached as the order is against the husband to pay the maintenance and not his family members. the property owned by the husband personally, is liable to be attached for non payment of arrears of maintenance. it is up to you to gather sold proofs and it is your lawyer who needs to search the judgments.
The property can be attached when the mutation is on ur name and send me the detail orders which r dismissed by the courts so I can guide u properly
The answers to 1) 2) 3) 4) and 5) are No. Only property in your name at present can be attached by the court or claimed by your wife.
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