• Injunction application

I am fighting a divorce case against my wife in Bandra family court. I have a joint property in navi Mumbai which is occupied by my wife & in laws forcefully. My wife took the advantage of my absence in the country and sold another joint property which was under construction without my knowledge by giving letter to builder with her sign. My questions are
 1) can builder repay the entire amount without my sign & permission(cheque was given on joint name & my wife used joint account to withdraw the money)?
 2) to avoid the same problem for other property , can I make injunction application for navi Mumbai property in Bandra family court?
Asked 9 months ago in Family Law from Oman
Religion: Hindu
1) your wife cannot without your consent sell joint property by giving letter to the builder . 

2) builder cannot issue cheque only in name of your wife for sale proceeds 

3) you can seek injunction restraining your wife from selling second joint property 
Ajay Sethi
Advocate, Mumbai
23125 Answers
1215 Consultations
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Hi, in both the case you can file a injunction suit against your wife for not alienate the property to the third parties.

2. Court will give injunction order to you so based on the order of the court you can protect your property.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Since it was a property registered jointly it could not have been sold without your consent. The remedy is to challenge the sale in the civil court as third party rights have been created without legal competence. 

2. You can certainly seek injunction to preempt your wife from alienating the other property in a similar manner.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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1. Your wife can not legally sell a jointly held property without your signature. You can challenge the sale deed before the Court,

2. You can file a declaratory suit claiming entire share of those properties and simultaneously file a petition u/o 39 rule 1 & 2 praying for an injunction restraining your wife in dealing with those properties till the disposal of the suit. Injunction petition can not be filed with out filing the basic suit demanding the property.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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Unless the joint property is partition, she alone cannot sell her ½ undivided share. Your signature should be there to sell the property. I do not know how she sold the property.  You should have instructed your banker to stop the payment.  

File a suit immediately for cancellation of the sale deed made to third party by your wife and for partition of the properties.  You cannot file the suit in Family court, you have to file in Civil court since it is a property matter.  

It seems she had committed some criminal act in the course of the above transactions, hence you can also file a criminal case against her and builder. 
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
1) can builder repay the entire amount without my sign & permission(cheque was given on joint name & my wife used joint account to withdraw the money)?
She might have played fraud with the builder too on the basis of which the builder in a blind faith settled the amount by making payment in the joint names.  ow you should realise the fact that by mere marriage a husband and wife can maintain the joint living  or habitation in all aspects. Except for procreation there is no necessity to have a joint venture in all the aspects, especially the assets whether movable or immovable.  What was the necessity to have a joint bank account and why do you still operate the joint account? even now you can write bank requesting for closure of joint account as you are not willing to operate the joint account anymore owing to the pending matrimonial disputes. 





 2) to avoid the same problem for other property , can I make injunction application for navi Mumbai property in Bandra family court?
In another property you have only half share in it hence you may file a partition suit and also seek injunction restraining her from alienating the property in the same family court. 
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
5.0 on 5.0

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