Can wife prevent husband from selling his property
I have a specific question regarding DV act and its potential misuse to harass husband
A. If a property is in my name, wife had no role in purchasing property and I am living with my wife in that residential property, can wife move court to prevent me from selling that property
provided
1. Property is purchased by husband
2. Property is given through will to husband by his parents
3. It is ancestral property of husband
In the above three scenarios can wife move to court to stay sale of said property
Is there any other act other than DV act that can be used to prevent husband from selling such property
Now I have another query, suppose husband is given multiple residential properties through will/ ancestral property as his father was successful person, in that can wife put stay order in sale of residential properties even if she is not residing on the same and can she ask residence in any of such property as per her wish.
Further can wife put stay on sale of plots, commercial property other than residential property. I understand wife has no rights over self acquired/ ancestral/ passed through will of husband but she can spoil the game nevertheless and this aspect I want to make clear. The reason why I am asking is wife has filed DV case on me and family and we have concern how to deal with it and what problems may arise in future by wife with respect to property that will be passed to husband.
Asked 7 years ago in Family Law
Religion: Hindu
I understand that if it is matrimonial home wife can get stay from court, if alternate arrangement is not done which is fair and justified.
However, I want to understand it better
1. If self acquired property of parents is given through Will to husband, this is not considered ancestral property and husband's offspring can have no claim on that? Husband will be free to dispose them as per his wish- Please confirm
2. If there are multiple residential properties passed to husband through will or even through ancestral property can wife get injunction on more than 1 property other than matrimonial home- Matrimonial home is alright what about other residential properties.
3. Can wife have more than 1 matrimonial home simultaneously? What is definition of matrimonial home?
4. Commercial property and plots in husband's name are safe? or can wife move to court to prevent husband selling them by any law
5. What is matrimonial house is jointly owned in name of husband and his sister, can still wife get injunction from court if husband's sister and husband wants to sell it
Asked 7 years ago
Mr. Mishra, I am husband in this case not wife. secondly what has wife's business to get stay in sale of property of husband which is not her matrimonial house. How can she get stay in sale of such property if such property is not her matrimonial house and she has no business in that. Also if property is not ancestral and given by will of parents of husband, children also cannot contest sale of such property. Only rights she has is in case of matrimonial house as already explained by learned lawyers here. Kindly let me know why confusion is created by saying wife can put stay by arguing husband is not of sane mind.
Asked 7 years ago