Set aside petition for congenial rights
Sundari
(Querist) 16 March 2012
This query is : Resolved
I am asking this question on behalf of my son, who is USA, my daughterinlaw got exparte degree under congenial rights and threating me and my husband forcebly enter our own house that she will stay here only and ask to vacate.
We have closed our house and went to my daughter's house. I want to fight for this on behalf of son. Is POA is valid to fight. If so, what is procedure. She is cunning and will damage if my son come back to India. Pls help.
M.Sheik Mohammed Ali
(Expert) 16 March 2012
where are you from ? as per law daughter in law having rights to share in husband wedlock house, so you could not avoid this,
Shonee Kapoor
(Expert) 16 March 2012
1. Whose name the house is in?
2. Has she ever stayed in the house as shared household.
3. She would anyways need a court order to stay in this/ any other house, which doesnot belong to her, once she is not in the possession of the said property.
Hold your turf.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 16 March 2012
Your question is limited only up to the process of POA so I also confine myself up to that extent.
Your son can get drafted his POA in USA which should be got countersigned by Indian High Commission/embassy of USA and then he should sent it to you which you should got registered with registrar of your area. The POA shall be valid for all purposes in that way.
V R SHROFF
(Expert) 16 March 2012
Pl rely Questions raised by Shri Shonee.
Also include Court Order, Do it direct residence??
Usually D Act confer residence, not RCR.
So give further details to help u out.
ESTHERPRIYA
(Expert) 16 March 2012
yes you can do by way of POA
Sundari
(Querist) 16 March 2012
thanks for reply. let me explain in detail. The property belongs to my husband, after the marriage she stayed 10 days in that house and went to USA to live with son. Now she is harrsing us that my son should come back to India. She is very cunning and want to put him in bars. so my son cannot come to india, we want to fight on his behalf. so i need to advise how to go ahead.
Sudhir Kumar, Advocate
(Expert) 16 March 2012
She can still have you and your husband, your daughter your son-in-law in Jail but you have taken a hasty but right step to shift out of the house.
How could she get ex-parte decree. You did not contest?
ajay sethi
(Expert) 16 March 2012
sundari
since the house belongs to your husband your daughter in law cannot claim right to stay in said house .
she has last resided in usa with your son . does your son want a divorce? or he wants to stay with his wife .
contact a local lawyer .
