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shrikant v. sathe (retired)     26 April 2012

Right to live at maternal home

         My friend has got ex party dirvoce from her wife ,who is eloped with tantrik for more than 5 years.He has got dirvoce on the grounds of adultery and mental cruelty done to him by his wife.I do not take the side of his wife.,but curiously want to know from legal side whether she can live in her maternal home legally,irrespective of denial from her mother. The house of mother is on rental basis and the receipt of rent bears the name of her mother.She has a brother with his wife who are also living in mother,s home.Please answer to my query.



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 6 Replies

JANAK RAJ VATSA (ADVOCATE)     26 April 2012

yes, daughters have right of residence  in parental homes

Anish Thakur 7018812737 (advocate)     26 April 2012

nope her wife cant stay in her mothers home as that home is not ancessotral home and is on rent and rent is beared by his mother .so she had no right to stay in mothers home legally  as per the succession amendment act 2005.

if house is ancessotral or coparcenary then she had equal right in that house otherwise not.

1 Like

rajiv_lodha (zz)     26 April 2012

In this case, mother staying on rent. So daughter can not claim residential right there.

If house is "self acquired" by mother, even then mother is free not to allow her to reside in it as per her will.

Claim to mother's property comes only after her death.

1 Like

(Guest)

disclose rent contract.

Was daughter also living in said home  when get married. ? If yes than - she may live otherwise not.

 

Mother living in rent home. Daughter was married- now divorce.

Daughter can stay with mother in said home with permission of landlord. She has no right to claim.

1 Like

(Guest)

disclose rent contract.

Was daughter also living in said home  when get married. ? If yes than - she may live otherwise not.

 

Mother living in rent home. Daughter was married- now divorce.

Daughter can stay with mother in said home with permission of landlord. She has no right to claim.

1 Like

shrikant v. sathe (retired)     27 April 2012

Dear Prajapatiji,

                            Her father died in 1991.He was named as rent payer,After his death ,rent payer becomes his widow wife that is my friends wife,s. mother.So after the death of her father, can she claim a residence in father,s rental house? which has now become her mother,s rental house..The mother becomes tenant by virtue of wife of the deceasedTantamount to that , by virtue of biological daughter of deceased can she stay legally in rental house of mother? that is also a question.

Thanks

shrikant


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