My father in law along with 2 Sister in law has filed a suit on my 2 properties and has even got an stay order(refraining to deal the properties) on these 2 properties. Both are NOT ancestral property and was purchased with my father's money( insurance, provident fund) after his death and with my jewels. Of the 2 properties 1 property was purchased(9yrs back) in my name from third parties and other 1 is purchased(11 yrs back) in my husbands name which is also from third parties and then transferred to my name through a settlement deed. My husband is very much alive and his name is included as 1st respondent in the suit. Both properties are in our possession. My in laws claim that the properties are purchased with their(in laws)money and want it to be partitioned. Out of the court they demand money to withdraw the case. My question is Can a third person who is not related to a property file a suit to demand money ? How can they file suit without paying the prescribed fee on property value ? The suit is filed under sections 37(2), 27(c) code of civil procedure, Thiruvallur district court. Tamilnadu.
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1) were you served with copy of the suit [proceedings before court grated stay ?
2) have you filed detailed reply mentioning that property was purchased from your own funds ?
3) has your father in law enclosed any evidence regarding transfer of funds for purchase of property ?
4) if father in law is claiming share in property they have to pay court fees on market value of their share
5) it is necessary to peruse the suit filed by your in laws to advice further
A person has no privity cannot claim right in peppery property. Numetic Dunlop co. Vs selfrigee co. 1987 out is held by the supreme court that a person stranger to the contract cannot file suit for its execution because he has no right in the property which is accrued through contact.
You should challenge this stay order in revision petition before district judge court.
Your in laws cannot claim any of your property. First of all, The property if it is registered in the name of a woman, it is her absolute property. Nobody(including parents, inlaws, husband or children can claim 1 square feet) of her property.
secondly, it appears that you have purchased the property using your parents savings . So that itself is additional evidence in your favour.
If your husband has earned his income and bought property, no one else can claim. Now that he transferred it in your name, it is all the more yours vide my first point.
surprised how your inlaws got an ad-interim order without the court hearing you. But from legal perspective, suggest you to enter defence by filing a written statement (within 30 days from receipt of summons) and also ask the court to vacate ad interim injunction.
The order of injunction passed by the lower court deserves to be challenged in the higher court. Nobody has the right to claim an injunction in the property of another. Unless your in-laws prove that they have the title to the property they cannot get a stay. So you can assail this order. In so far as the court fee is concerned the court can permit the filing of the suit without the court fee having been paid.
Your father in law might have filed the suit and would have got a temporary injunction order too, but it does not means that he has any claim in the property. It becomes his burden to prove that this property was purchased out of his money, and even in that case there is no necessity to buy this property on his sons name or your name. This suit is utterly a high handed and criminally motivated false case with an intention to extort money.
Do not give even a single penny to him, let him cry or yell or abuse in foul mouth, he cannot do anything legally to take even handful of mud from that property.
Dont worry about the silly aspects like court fee etc., you contest the main case on merits, he will run away. First you vacate the interim injunction by filing counter to his petition.
