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Can a wife obtain a stay order against the sale of house by husband ?


03-Jan-2023 (In Property Law)
My father want to sell our house against my mother wish...n want shift in native town...my mother has a threat of life in dat place. Can my mother get stay against selling on that house. The property is owned by my father n d power of attorney is on his name. They r not separated.
Answers (2)

Answer #1
850 votes
Hi,
your mother cannot stop your father from selling the property as it is on your father's name. HOWEVER, she can file a case for maintenance.
It is also submitted that in case your father threaten you or your mother then you can file a police complaint

Answer #2
968 votes
The first question that arises is whether the property is self acquired property of your father or ancestral property?As per the facts given by you it seems it is self acquired property of your father. In this eventuality your father can sell the property as per his wish. As far as threat to life is concerned you have got other remedies.

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