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My wife father filed case on my parents property
19-Nov-2024 (In Divorce Law)
My wife filed sec9 and I filed sec13 1 ia. Her father also filed another legal notice that my parents property not to sell or transfer or reconstruct in that properties. Is there anything like that to stop or control on my parents property. How to respond to it?
In your case, Section 9 of the Hindu Marriage Act (HMA) pertains to restitution of conjugal rights, while Section 13(1)(ia) pertains to divorce on the grounds of cruelty. Your wife’s legal actions seem to be part of the ongoing matrimonial dispute. Regarding the notice issued by her father, seeking to prevent your parents from selling, transferring, or reconstructing property, there is no automatic legal provision that allows a third party (like your father-in-law) to impose such restrictions on your property unless there are specific legal reasons.
If the property in question is solely owned by your parents and is not involved in any dispute or claim by your wife (such as a claim on the property in a maintenance or alimony matter), then such a notice holds no legal validity. The father-in-law cannot restrict the property rights of your parents without a legitimate legal basis, such as an outstanding liability or court order. In your response, you can inform the concerned party (your father-in-law) that the property is legally owned by your parents and that there are no ongoing claims or judgments against it. If necessary, seek legal counsel to formally respond and protect your family’s property rights, ensuring that no undue claims are made without justification.
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Adv. Rupal Dwivedi
Delhi | 50+ Answers
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If there is no stay order from any court, you can sell the property, and if there is a stay order, you can go for appeal and get the order overturned from the higher court. this is the right option to enjoy the right on your parents property.
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Adv. Karishma
Delhi | 50+ Answers
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You need to hire an advocate to file the reply to such notice and such notices won’t have any effect on your father’s property ! We need to also file apprehension intimation for any false implication too !
Kindly b in touch asap
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Adv. D. Khan
Delhi | 1000+ Answers
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No father of the wife has no business sending legal notice to you. It has no legal ground in law and it is frivolous, if you feel it is harassment , you could send a legal notice to him to desist him from such practice in future.
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Adv. Ashutosh Kumar Mishra
Delhi | 50+ Answers
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