The property is self owned of yours then how sister in law can you rights on your property. If its inherited property or ancestral property on your name, then needs to check how property transferred on your name along with the family tree and history.
Got caveat from MUNSIFF court against sister-in-law regarding the home in my name
Hi , I successfully got a caveat from munsiff court against my sister-in-law regarding the home registered in my name. But After that, she(my sister-in-law) was successful in getting ATTACHMENT BEFORE JUDGMENT order from FAMILY COURT through sheristadar for the same property for which I need to furnish a security of 27 Lakhs Rupees to bypass. Is there any way , I can appeal and nullify this and since I already got a caveat for the same in munsiff court.
Asked 5 years ago in Family Law
Religion: Christian
19 Answers
She somehow got stay on the property preventing me from selling the property for which she claims she had loaned me for 27 Lakhs and I have not yet returned that.... But my question is , can I nullify this order ? since I have already got caveat from MUNSIFF court but she got ATTACHMENT BEFORE JUDGMENT order from FAMILY COURT later and my side was not heard before passing this order ...
Asked 5 years ago
Proceedings before Munsif Court and Family Court are being dealt with different situations and provisions of law.
Two things we would like to know what was ground for caveat befor Munsif and Family Court? Who were parties to both the proceedings?
This is neccessary for next steps for review, revision and appeal against the order of attachment passed by Family Court.
- Since , the said attachment order issued on the execution petition of judgement , then you should approach High court for setting aside that order of family court.
- Further , legally you sister in law is not having any right over your property .
You have to file an appeal against order In HC to set aside order of attachment
deny that money was advanced by sister
in law
whether any documentary proof Is enclosed of loan given to you
Take the plea that order was passed in violation of principles of natural justice
you were not heard before orders were passed
Take the plea that order was passed in violation of principles of natural justice
you were not heard before orders were passed
Take the plea that order was passed in violation of principles of natural justice
you were not heard before orders were passed
Family court can't interfere into Civil matter, so these are two different things, preventing you from performing sell of the property against her 27 lakhs. Now here you have to prove in the court that you have not taken any loan from her or if you had taken loan from her and she has proof of that than you can adjust the amount by compromising with her to sell the flat.
1. Aan application for Caveat applies only relating to proceeding or order of that particular court only and from no other court.
2. Therefore caveat alone is not a ground for vacating thus interim order. You need to challenge the order on its merit only.
3. If the the papers are shown then I can advise further on this.
Munsif court and family court have different jurisdiction. Family court will not consider caveat.
And this is civil matter, family court has no jurisdiction to decide and pass any order. File appeal to obtain stay and declare order null and void.
Dear Sir/Madam,
It is suggested that you challenge the said order of the attachment and get the said order of attachment set aside.
You need for challenge tte said order of stay in this matter. Also you need to demonstrate the munsiff order to the court
Had she filed case in Munsiff Court, your caveat would have come into play and court might have issued notice to you before deciding her application. Since she obtained order from Family Court, where no caveat is pending, it is valid.
You need to contest the same on merits.
You need to defeat her case, deny her allegations, and ask for production proofs of paying said 27 lakhs alongwith Income Tax Returns for relevant period. Further, you can lodge complaint with IT Department, if her allegation is false for Tax Evasion and loop the Department also apart from initiating criminal proceedings against her for fling false cases.
You ought to have filed caveat before Family Court also, mere filing of caveat before Munsiff Court does not stop her from obtaining orders from other court which has jurisdiction.
You can question the Jurisdiction of the Family Court in passing ABJ order. This is the best option you have to question the order passed by Family Court.
How does a Family Court has Jurisdiction in deciding ABJ Petition when the dispute is between BIL & SIL. This, is best point for your to raise, and file petition to rejection of the same.
Even though you have filed a caveat before the Munsif court, the orders for attachment before judgment was passed by the Family court.
Hence you may have to file your counter objection and written statement along with a counter to the petition seeking ABJ filed by your sister in law in the money recovery suit before the family court.
There is no necessity to file an appeal against this decision.
You file a vakalatnama through your advocate and file the above counters and written statement and seek to vacate the order passed fort for ABJ by giving strong reasons and objections to their allegations.
The caveat petition was filled before the Munsif court and not before the family court.
Therefore you have to fight the suit filed by her in the family court on merits.
You file a petition to vacate the orders passed by family court for ABJ and also counter to her petition filed in her support seeking ABJ.
You discuss with your advocate and proceed as per the suggestions received.
Yes you can. File an appeal.
Engage a lawyer and file an application to vacate this stay and if it is refused then file an appeal.
File an appeal before the high court with the help of a local civil lawyer at the earliest.
Regards
Yes you can file an appeal before appellate court for getting the judgement for dismissal of attachment of property.
