As soon as the marriage took place, on the order related to registering half of the property of Bhumidhar husband in the name of the wife, the lawyers got upset. When the lawyers got the gazette notification of this, the outrage increased. Senior lawyers associated with the Uttarakhand Bar Council bluntly say that if the government does not withdraw this order within the next 15 days, then they will challenge it in the High Court. He believes that such an order can increase the cases of family fight in the court.
Several lawyers in this matter met Bar Council Chairman MM Lamba on Thursday. Senior advocate YS Tomar said during this time that this order is a violation of the rights given in the Constitution. He feared that women may also take wrong advantage of this. They will get divorced later by marrying a person with property. In such a situation, half of the husband’s property will become his. If the women then marry at another place, then they will become the mistress of half the property of the other husband. He clearly said that this will create a wrong perception in the society.
Lawyer said – have come to the court recently
Such case lawyer Rajeshwar Singh said that recently some such cases have come to the court. Then came to know about this gazette notification. He said that if the husband dies, then the property is divided among the mother, wife and children of the deceased. In the new order, the wife alone would be the owner of half the property. Whereas, the child and mother will get 25-25 per cent of the property.
This is the case
The Uttarakhand government made changes to the Uttar Pradesh Zamindari Annihilation and Land Settlement Act last year. A new section 130A was added in its gazette. Under this, during the lifetime of the male Bhumidhar, his wife will be recorded as a co-sharer. She will be the owner of half the property.
Uttarakhand Bar Council Chairman MM Lamba said that due to this, cases related to family disputes and family disputes will increase in the courts. If the government does not withdraw the order in this matter within 15 days, then a public interest litigation will be filed in the High Court. This is also a violation of the Transfer of Property Act.