Right on forefathers property
Querist :
Anonymous
(Querist) 29 July 2018
This query is : Open
Hi, I am staying with my mother in-laws and the house is constructed by my father in laws' father . My father in law is having a son and two daughters. One daughter is married. Son is my husband and am having a baby girl. Now my husband is saying that I have no right to stay in that home. Please suggest.
Vijay Raj Mahajan
(Expert) 30 July 2018
The husband has share in the coparcenary or ancestral property by virtue of his birth in the family, your father in law was not owner of the property as it was purchased and made by his father only.
Your right of residence exists against your husband and that he cannot deny, whether he keep you at the house of his forefathers or anywhere else. You can seek this right of residence under the Protection of Women from the Domestic Violence Act, 2005 if your husband refuse to provide it or turn you out of the matrimonial home.
R.Ramachandran
(Expert) 30 July 2018
If the property was constructed by your father-in-law's father, then the property is the personal property of your father-in-law (not ancestral property in the hands of your father-in-law's father). Therefore, upon the death of your father-in-law's father, if your father-in-law had inherited the property, then it is your father-in-law's personal/private property and NOT ANCESTRAL PROPERTY. During the life time of your father-in-law he is the absolute owner of the same and nobody else (including his wife, sons and daughters) have any right to claim any share in the same.
As regards your right to residence, I completely agree with the views expressed by Expert Mr. Vijay Raj Mahan.
Kumar Doab
(Expert) 01 August 2018
AQ..............Pls don't post as AQ and post with your ID..
Kumar Doab
(Expert) 01 August 2018
Which personal law applies in your case?
Are you all Hindu?
Confirm!
Kumar Doab
(Expert) 01 August 2018
Wife has NO forced share in husband’s self earned/acquired property.
Wife is not a coparcener in husband’s ancestral property.
Wife can certainly claim right to residence from her husband.
Believing that you are all Hindu:
If the property was self earned by your father of your father in law then IT may not be ancestral for your husband.
If the property has devolved upon your father in law by inheritance/gift etc then IT would be self acquired in the hands of your father in law and he can dispose IT in his life time.
Kumar Doab
(Expert) 01 August 2018
Son has NO forced share in self acquired estate/property of father.
So your husband may not be having any forced share/right in his father’s property.
He might also be staying in his father’s property till the time his father permits.
Daughter in law has NO forced share/right in Father in law’s property.
IT is always better to crease all differences and save marriage.
If there are any issues in your matrimonial life then try to resolve.
If your father in law is caring he can favor and support you.
Maintain good relations with one and all.
Kumar Doab
(Expert) 01 August 2018
IN the meantime you may pick up relevant points from queries/threads/Articles
e.g; Articles under my profile;
Now, Property Transfer Deed by Senior Citizen Parent to negligent children can be revoked even if there is NO recital of Welfare Clause in the Transfer deed !
Now Senior Citizens can evict negligent son or daughter from their home in 21 days time
Son can live in Parents house only at the mercy of his Parents, upto the time the Parents allow
Son can divorce wife if she tries to separate him from aged parents
Kumar Doab
(Expert) 01 August 2018
Pick up relevant points from Articles under my profile;
Now, Property Transfer Deed by Senior Citizen Parent to negligent children can be revoked even if there is NO recital of Welfare Clause in the Transfer deed !
Now Senior Citizens can evict negligent son or daughter from their home in 21 days time
Son can live in Parents house only at the mercy of his Parents, upto the time the Parents allow
Son can divorce wife if she tries to separate him from aged parents
Querist :
Anonymous
(Querist) 02 August 2018
Hi, I am staying with my mother in-laws and the house is constructed by my father in laws' father . My father in law is having a son and two daughters. One daughter is married. Son is my husband and am having a baby girl. Now my husband is saying that I have no right to stay in that home. I did not ask for share in my husband property but as his wife i have right to stay in that home i think.Please suggest.
Here i would like to tell few more points.
1 : Home is constructed by my father in law's father
2 : My father in Law's father is having 2 sons and 1 daughter
3 : My father in law is elder son
4 : My father in law is having 1 son and 2 daughters and my father in law's brother is having a daughter
5 : Home is on the name of My father in law's Mom' dad not on the name of my father in law's father name.
