Mother self acquired property !!
sanjay
(Querist) 19 June 2014
This query is : Resolved
Hi All, This is a Fresh query, believe me i have subscribed yesterday only. may be other query similar to mine. Kindly let me the know subject of other query which is similar to mine. i tried to find but failed.
or else if you can consider this as a fresh query and give me some suggestion it will be a great help..
Thank you..
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I am a window hindu women 63 years old having self acquired property(Flat). I have two son both are married. Sometime back I have separated both of my son. I have shifted my elder son to live in extended portion of the same flat and I remain with my younger son in the original portion. Reason behind this separation was that my elder DIL usually quarrelling me to shifted in extended portion as it was vacate. Sometime back my elder expired in an accident. After this my elder DIL behaviour towards me is too rude. She has also got a job in place of my deceased son. She has taken all my sons Assets. she’s usually abusing me and one day she physically attack on me. And then she submit a forged report in the PS that her mother in-law beaten her. Her brother & mother usually coming at my resident and threaten me that the portion elder DIL is living is belong to her and she should get the share in the property. And now she is claiming the rights in my property as her family provoking her to do so. And now elder DIL has file domestic violence suit against me. After son demised my health is also not good and I am also in depression…
Kindly help me with following query:
Shall DIL is eligible for any kind of share in my self-acquired property(they don’t have any child)?
can she claim for her maintenance from me?
Can I evict her from my self acquired property?
If I’ll file eviction how much it will take get the verdict?
Regards
ajay sethi
(Expert) 19 June 2014
1) no you can make a will bequeathing your property to whom sover you desire .
2) no she cannot claim maintenance from you
3) yes you can evict your DIL from your flat .
4) we cannot say how long it will take for eviction suit to be decided . depends upon pendency of cases
sanjay
(Querist) 19 June 2014
can i sale my property at present or shall i take a consent from DIL / other family member / Juridiction?
Devajyoti Barman
(Expert) 19 June 2014
1. She had no share in it.
2.She can not claim maintenance from you either.
3. You can file eviction suit also.
4. It takes time.
You can sell the property for which no consent is required from anyone.
Kumar Doab
(Expert) 19 June 2014
Agreed with Experts Mr.Sethi, Mr. Barman.
Rajendra K Goyal
(Expert) 19 June 2014
You can sell the property if no stay from court exist.
sanjay
(Querist) 19 June 2014
till date there is no stay from court, but as DIL dont want to vacate the house and i cant force her to vacate the same. so, in this senerio how i give a possession to a new owner. kindly suggest...
Devajyoti Barman
(Expert) 19 June 2014
Let that be the headache of the buyer for which the price of property would be decreased.
