Right of residence of a wife
basavaraj shiromani
(Querist) 25 June 2013
This query is : Resolved
A filed a suit agaisnt his brothers B % C for partition and separate possession in an ancestral proprties. B, before filing of the suit, has transferreed one of the house property standing in his name as a kartak in favour of C. and for that reason only A filed a suit. B, died during pendency of the suit leaving behind him only his wife. Now C is trying to drag out the B's wife from the house purchased in his name. What remedy is available to the B's wife who supports the case of A.
R.R. KRISHNAA
(Expert) 25 June 2013
Initially you say that it is ancestral property. But further you say that B sold one of his property standing in his name to C. what does this mean? Did B sell his self acquired property to C?
If B had sold his self acquired property to C then C has right to evict B’s wife. If the property sold by B is an ancestral property then C has no right to evict B’s wife.
Rajendra K Goyal
(Expert) 25 June 2013
Agree with the expert RR Krishnaa ji. Nothing more to add.
Raj Kumar Makkad
(Expert) 25 June 2013
Forceful eviction is illegal so B's wife has every right to protect her possession by way of challenging the alleged sale and seeking injunction order thereto.
basavaraj shiromani
(Querist) 25 June 2013
Makkadjee is rights. I think other experts are litle bit doubt about the property, whether it is self acquieed property or ancesntral one. As I have already told that it is an ancestral property and the property was standing in the name of B as a karta.
prabhakar singh
(Expert) 25 June 2013
It appears 'C' the buyer is not in possession of house purchased from B.But it is not clear if the house(dwelling)is in joint possession of A and B's widow or in exclusive possession of B's widow?
Anyway 'A' does not have legal right to evict 'B's widow forcibly.
B's widow can seek injunction.
