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Court restraining from selling flat, what to do
25-Dec-2023 (In Property Law)
Sir, The court has given an order of restraining my flat from selling, which is in my name. This is a MP order in the main petition of DVC. The order says that I am restrained from selling till the disposal of the main petition DVC. Please let me know, if the main petition DVC is allowed and goes in favour of wife, would I'm allowed to sell my flat or not? What are the consequences if DVC petition is also allowed? Thank you.
Hello Sir,
You have not mentioned that the said order is exparte (without your knowledge or before your appearance in the said proceedings) or after due contest. If it is exparte then you can file set aside petition. Else you can file revision petition against the said order.
Generally court grants money reliefs such as permanent alimony or compensation/damages to the wife. If you compile with the said order, you can sell your property after obtaining permission from the court. But, we try to dismiss the main DVC case itself. For that we required more details of the case for further clarification.
You have not mentioned that the said order is exparte (without your knowledge or before your appearance in the said proceedings) or after due contest. If it is exparte then you can file set aside petition. Else you can file revision petition against the said order.
Generally court grants money reliefs such as permanent alimony or compensation/damages to the wife. If you compile with the said order, you can sell your property after obtaining permission from the court. But, we try to dismiss the main DVC case itself. For that we required more details of the case for further clarification.
Helpful?
Adv. Nandulal Muraharikar
Hyderabad | 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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