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Brother in law trying to claim right in sister's property
08-Jan-2023 (In Family Law)
My sister is separated. She bought a plot in 2010 and she was working before that. She bought it with her hard earned money. She sold that in 2015. She was separated in 2012. Now her husband has filled suite under order 39 rule 1 & 2. He has claimed that he spent for that property and in good faith sale deed was under my sister name. He filled two other cases 1.5yrs ago. One is under sec 9 and other for custody of kids. He is trying to harass by filling these cases. We have proof that she was working before she bought that plot. For the other two cases we have filled transfer request and they will be transferred from Jammu to delhi. But since it's a cases of immoveable property.What would you suggest. We are thinking to file maintenance suit
As per the decision of an old judgement delivered by the Hon'ble High Court in the year 2009 , the husband can claim shares in the property purchased in the name of his wife during happy times. But if you can lrove that your sister purchased the said property by way of her hard earned money she can boldly refuse the shares as the relationship between both is estranged and can contest the suit on merit and file the ws and can mention all relevant facts pertaining to the transaction of the said property . As per your question , your sister is living separately and he has filed a an application under section 9 of the HMA also then first of all you ask her to give the reply to the present application and also ask her to mention the factum of separation and the reason behind it as the court always ask for the valid reason behind desertion. One more thing you can ask her to do is to file a complaint Under DV act and also file an application under section 125 for claiming the maintenance. I hope you will get the required answer in this detailed consultation.
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Adv. Suneel Kumar
Delhi | 200+ Answers
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I yes you should duly defend the cases and further file different cases including maintenance domestic violence and even can make a complaint to the police under section 498A and 406 of IPC and further can file application to dismiss the suit filed by the husband for the property.
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Adv. Harshit Jain
Delhi | 100+ Answers
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You need to show all documents of purchase and sale of plot. Order 39 rule 1 &2 is filed on which grounds? Is your sister still working? When you say she was separated, did you obtain a decree of Divorce? Pl. discuss in detail. It seems you have already engaged a lawyer.
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Adv. Pradeep Mathur
Delhi | 25+ Answers
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YOU DID NOT MENTION THE MARRIAGE YEAR OF HIS SISTER AND SHE IS DOING THE WORK/SERVICE SINCE YEARS IS NOT MENTIONED IN YOUR MATTER. PLEASE MEET ME IN OUR OFFICE WITH FULL DETAIL, THEN I CAN GIVE YOU RIGHT ANSWER.
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The suit regarding the property will have to be defended. The pleadings of the suit will have to be seen to advice further. Prima facie the husband cannot claim the property purchased by your sister with her funds and which is in her name. You may file for maintenance depending upon the income of the husband.
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Adv. Ekta Mehta
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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