• 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

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

12 Answers

Wife can file DV seek injunction restraining sale of self acquired or inherited property of husband 

 

2) it would be her case it is her matrimonial home 

 

3) she woukd not get injunction restraining sale of commercial property / plots standing in husband name 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1.  See if it is matermonial home of wife she can pray for residential rights in same under DV act and can take stay in all three kind of properties.

Further more husband can offer alternate accommodation and can go ahead in selling property.

2. If wife is not residing in particular property then in that case she has no share and cannot take stay on other properties other then matrimonial home

 

3. She has no.role in plots and commercial properties court will not.grant any kind of stay in same.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

  1. As pert the information mentioned in the present query, makes it clear that you are concerned about your property which is anscestral in nature.
  2. The property which has come to you by your father, in that property being the anscestral one for you, only your children may claim any right, but not your wife.
  3. Tour wife may claim right in it on behalf of your minor children if any otherwise not.
  4. And lastly, any property either self acquired or anscestral of your father, if comes to you then it will be anscestral for your children only.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

she can file DV case against you and get residence order only, you can not sell the residence house without the permission of the court if court pass an order in this regards.

If you having other property like land etc you can sell it without consent of your wife and for ancestral property if you have children's then ancestral property can not be sold without consent of successor. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1) it is not ancestral property. Husband is st liberty to sell the property 

 

2) she would not get injunction in respect of multiple residential properties 

 

3) wife cannot have more than one matrimonial home 

 

4) commercial properties and plots woukd be safe 

 

5) wife can get injunction for jointly owned property of husband with his sister even if sister wants to sell it 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1. Husband will be free to dispose it at will in his life no second party wife or children has any claim over it.

2. No she has only right of residence cannot claim stay on other properties whether residential or commercial.

3. Matrimonial home is place where she ordinarily resides with the husband . So no more then one matrimonial home , she can claim right in one only for residence.

4. No she has no right and her claims are not maintainable.

5. Yes she can in case of matrimonial home.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

In all the three cases to wife may lodge objection on selling the property. As wife is living in the property so that is her matrimonial house and she can claim to live in that house even if the property is transferred through will then the children of the husband is also shareholder in the property and similar conditions also applies in case of ancestral property.

Other than the matrimonial home the wife have no authority to check the sale of properties by husband as this is his property but of course the children have the rights and the end system properties you are allowed only for the maintenance from the husband and not authorised for any share in the property.

But in case you really want to get stay on the Sailor properties by the husband due to any reason you have to file a civil case and your husband that he is not of Sane mind and because of that he is trying is trying to sell the property under some influence and get stay order from the court in this regard.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1) Your interpretation is absolutely correct 

 

2) no stay would be granted for sale of commercial properties 

 

3) only stay granted would be for sale of matrimonial home by husband 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

With all due respect by such kind of argument without any substance that husband is not of sane mind court does not grant stay on sale of properties wherein he is the absolute owner.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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?

The wife has no rights in her husband's properties during his lifetime.
She cannot seek stay against him if he intends to sell the property for any reason other than seeking a charge on it towards maintenance amount passsed by an order of a court, if pending for payment.

The husband can sell the property without takiong her consent.








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. 

Being his legally wedded wife she is entitled for residence as a right, however she cannot demand a particular house or residence of her choice if the husband is ready and willing to give her any accommodation which has all the amenities in it.





T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. The husband is free to dispose the proeprty stands on his name which has been acquired or inherited or purchased, he need not take consent of his wife or from anyone to dispose the same.

 

 

 

2. No she cannot, she can seek residential rights alone and she will not be given a chocie of an accommodation too.

 

 

3. No, it cannot be 

 

 

4.  No.

 

5.   No, she cannot because the court may ask the husband to provide an altrernate accommodation to her and if he is willing then she cannot get any stay on a particular house property.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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.

You may not get carried away by reading more and more opinions to your questions.
You may go by the law in this re3gard which clearly says that the wife cannot get a stay on the properties belonging to husband for any reason.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer