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Husband trying to Partition Property
Question
I have filed a divorce petition in Family Court 4 years back. The case is ongoing.
This year, it was decided that our building will go for redevelopment. I reside here in a flat with my two adult daughters whereas my husband resides in another, much larger flat with his father. The flat that I am staying in is in the joint name of me and my husband. My husband is insisting that the redeveloped flat should be split in 2 equal parts. Can he do that?
Also, my husband will be inheriting a major part of his father’s house in which he is residing right now.
If he can get this flat split, then can he sell or possess his half of the redeveloped property as I have requested in my divorce petition that pending the final judgement, no third party right be created nor it be possessed by my husband?
Answer ( 1 )
You can file a case of maintenance under Section 18 and 20 of HAMA and request the court to create a charge on the properties of the husband and not to sell the properties. The Family Court has the power to create a charge for the maintenance recovery. Then he wont be able to sell the properties