• Dispute in family

Husband and wife are both retired government officers. A dispute occurred between them regarding the marriage of their daughter some 3 years back. Since then he has been constantly threatening her with divorce, has beaten her several times and shows signs of extreme hatred toward his wife, son and daughter. The daughter got married some 3 months back. Some 4 days back, an exchange of words happened between father and family (wife, son and daughter). A few concerns are troubling wife, son and daughter:

a) The family fears that some relatives (sons of his two sisters) may play with his mind (which they have already been doing since 3 years), motivate him to sell of property and later kill him and blame the murder on family. How can such fears be addressed? 

b) Property (house) is entirely in the name of the father although wife has invested about 75 percent in the property from time to time (salary, gp funds,loans, selling jewelry). The family(wife,son,daughter) fear that he may sell of the property to some relative who are fomenting this trouble (sons of his two sisters). Is there a way to prevent a possible sale of house to safeguard their interests.

c) If the wife receives divorce papers by courier etc, what consequences could it have? What are the stakes and how to address them?

Kindly provide your expert advice on the issues raised and oblige.
Asked 7 years ago in Family Law
Religion: Muslim

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5 Answers

wife cna file DV case against husband and seek injunction restraining husband from selling the matrimonial home

2) wife should rely upon evidence in her possession to rpove that she has paid 75%of consideration for purchase of house

3) wife can also file declaratory suit that she is co owner of the property as she has 75%6of total cost of flat

4) wife should contest the divorce proceedings intiated by husband

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

a. The title holder of the property is within his rights to sell of his properties and deal with its sale proceeds in any way he feels like. However, if you apprehend that he may be killed or is being cheated by those relatives now , you can file a police complaint now with evidence. No police action can be expected against apprehension only.

b. He can sell his properties the way he feels as has been explained above. However, the wife can file a declaratory suit praying for a declaration that she has paid 75% consideration while the husband bought the house in his name for which she is also the co-owner of the said house and also praying for a direction upon the registrar to add your mother's name as the co-owner of the said property. In the said event, the said person will not be able to sell of his property alone.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

a) Imaginary concepts do not have legal solutions.

If you have evidences about the relatives hatching this plot, you may lodge a complaint with the police with supporting evidences, if you don't have any then you cannot initiate any action to defend your fears/apprehensions.

b) The property owner is entitled to sell his property to anyone and he need not obtain consent or NOC from his wife or children to sell the property which stands on his name.

The contribution by the wife for purchase of property may entitle her to recovery of amount funded by her for the investment on the property, but will also be barred by limitation if the claim is beyond three years.

He cannot be legally stopped from selling or alienating the property

c) The divorce papers means the notice or summons by court. If the notice or summons sent by court are received, then it becomes the duty of the wife to challenge and record her objection to the case by attending the court on the date of hearing as summoned in the notice.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

If wife files DV case she can claim right to stay in matrimonial home

2) seek an injunction restraining husband from selling flat

3) she would not have to vacate the flat

4) in case divorce is granted by court husband would seek eviction order against wife from the house

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. She can file a DV case against her husband submitting Evidence in support of her allegation.

2. Just filing of DV case will not facilitate her divorce case, if filed by her.

3. If her allegation of DV is proved, then it can surely facilitate her divorce case but it won't facilitate her usurping her husband's properties.

4. If it is his house then he can certainly take steps to evacuate your mother. He can evacuate you even now.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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