Legal Question in Real Estate Law in India

DV case is pending in court against me.

Can i apply in court to get stay order on two properties held in my wife name.

one property (residential house) is benami and 2nd prop.(invested in plot) is not benami.

I am worrying that she may sold both property, so i want to get stay.


Asked on 9/22/10, 3:55 am

1 Answer from Attorneys

Vishwa Arya Arya & Co.

you will have to file seperately a suit for declaration with consequential relief for injunction (stay). Please note that a bare suit for injunction will be maintainable but later you will not be able to file suit for declaration because of bar under order II Rule 2 CPC. I think you had put this question before

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Answered on 9/22/10, 7:22 am


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