Legal Question in Family Law in India
my husband deserted me nad my daughter.therefore I filed for maintainace in the court.my husband is in US.he refused to accept the indian court summons in maintainace petition.so the summons returend back to court.my husband is buliding a new house on his name in hyderabad.but do not know if he took loan from any indian bank to construct the house.he has a residential plot on his name in banglore.he took loan from HDFC bank to buy this plot in banglore.I do not know whether the loan he took from the bank to buy this plot in banglore is cleared or not. I do not know whrere is the plot in banglore.But I have details (registration papres) for the plot where he build the house. my lawyer says we can ask the HDFC bank through the court to provide the detials from the plot in banglore.but it takes time.So we can ask the court to attach only the plot where he bulid the house now. and the petition/case will be closed.in future, we can ask for plot in banglore to attach. \nIs it good way to do like this in my case?.pls help me .\nwhat do you mean by attaching the property?does it mean, the court will give the property to me? or the court will sell the property and give the amount.
1 Answer from Attorneys
by attaching the property, it is meant that in case your husband is not paying you the maintenance or not paying the alimony, his property would be attached and can also be auctioned so to pay you the dues. you can also pray the court that you and your child do not have the residence and that plot is the only property available. you may seek court orders for taking possession of the plot and simultaneously seek directions for constructing the plot.
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