Wife's right in matrimonial house?
Querist :
Anonymous
(Querist) 01 November 2011
This query is : Resolved
Dear Experts,
Our house is in the name of my father. If my father gift the house to my sister or sell it to brother-in-law, then my wife have any residential right over that property since it is matrimonial house?
Thanks and expecting your valuable replies.
sanjeev murthy desai
(Expert) 01 November 2011
Your question is not clear. Property is in your father name how it is considered as matrimonial house? Please clarify?
Sankaranarayanan
(Expert) 01 November 2011
As simple if the property is self accrued by your father then he has legitimate right to sell or will to anyone. Even you too have no right to get claim.
ajay sethi
(Expert) 01 November 2011
it is your father wish he can gift the house to your sister or sell it during his lifetime
Tajobsindia
(Expert) 01 November 2011
Matrimonial Home is one where husband lives, it could be a gurudwara, dharamshala, friends place, parent(s) place and asking querier how it is matrimonial house is vague legal rebutal to query!
1. Till a property / residence is contruted as 'shared household' as per def. of DV Act she will claim protection Order under DV as her right to reside in a shared houseld. The que. of succeed and or dismissal is on different footing. Here whereever husband lives is considered as shared household on the date when she files DV and no movement out of 'that' shared household has been taken care by husband before she files for DV.
2. The moment hsuband shift to dharamshala and or a rented place the father's property will not be considered as 'shared household' which is post wife leaving matrimonial home and before filing DV application. In case of dispute with wife, take rented place and offer rented place as residence for wife to save on father's property injunction under protection order. But it has to be have been done before she files DV or knowledge of same to you. Further she should make your father necessary party under DV suit even to claim right of residence in his property.
3. Further the moment wife leaves shared household for whatever 'grounds / issues' father should disown you from property rights and no need ot transfer in a hurry to anyone else is required before she files for protection order under DV on 'that' property.
4. Rest other advise by experts bro. are in line with query.
Shonee Kapoor
(Expert) 01 November 2011
haha Tajobs has given a great reply.
However, I differ a bit, and would opine that she can get rent for the equivalent property in case the property is disposed off after her moving out.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
sanjeev murthy desai
(Expert) 03 November 2011
During the life time of husband, his wife don't have any rights over her father in laws property.
