Legal Question in Wills and Trusts in India

Sir,

A property was purchased by my husband in my fahter-in-laws name out of my husband's funds.

He never purchases any property in his own name but invest in his father's name.I filed for DV and under an agreement insituited after the compromise between me and my husband

my father- in -law has to tranfer a property in my son's name(minor) under the guardianship of his father.In the agreement it was clearly mentioned that the property was purchased by my husband in his father's name out of his own funds.The agreement was signed by my husband and my father-in-law and was submitted and registered in the court.

Now my husband and my father-in-law does not want to transfer the property but in fact had involved my sister-in-law for partition of the property stating it to be the ancestral property.

Now i had filed a case in HIGH COURT .They filed for partition after a case was filed in the HIGH COURT.

My question is;

CAN they rebuke from the fact that the property was seperate property as stated in the agreement before the court.

Are they bound by the decision of the court of HIGH COURT as i filed a case in the high court earlier than their case of partitionS


Asked on 6/08/11, 6:10 am

2 Answers from Attorneys
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

when they file a case u can place the agreement as a evidence that this is not a ancestral property and hence this belongs to your son and tell that this is pending before the high court.

lower court will take the cognizance of it .

yes they are bound by the decision of high court even the lower court is also bound .

no they can not revoke the agreement

rest about all possibilities discuss with your lawyer

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Answered on 6/08/11, 11:05 pm
Sanjay Kalra Sanjay Kalra & Associates

There is no Benami Transaction act in force now. The property is in the name of FIL and he is the owner and not your husband , the source to buy the property is not important any more. You would be fighting a loosing battle. Concentrate on interim maintenance and residence under the DV Act.

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Answered on 6/09/11, 1:37 pm


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