Right to stay in mother in-laws home
Querist :
Anonymous
(Querist) 03 August 2018
This query is : Resolved
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.
Sudhir Kumar, Advocate
(Expert) 03 August 2018
yOU HAVBE A RIGHT TO STAY IN YOUR MATRIMONIAL HOME (I.E LAST WHERE YOU STAYED WITH YOUR HUSBAND) IRRESPECTIVE OF THE FACT WHO PURCHASED/CONSTRUCTED IT AND WHO OWNS IT.
Efforts to remove you from this house is domestic violence punishable under law.
Sudhir Kumar, Advocate
(Expert) 03 August 2018
I hope your mother-in-law may also be passive/active participant in this crime.
Sudhir Kumar, Advocate
(Expert) 03 August 2018
repeated
http://www.lawyersclubindia.com/experts/Right-to-stay-in-husband-house-688366.asp
Guest
(Expert) 03 August 2018
The issue of matrimonial home is questionable. Matrimonial home is that where your husband lives as of his right and not any home where you were taken after marriage on account of affectionate, emotional or sentimental grounds.
In fact, your question seems to be hypothetical and purely of academic nature, as at first, you have not stated, where your husband lives and what is the specific reason that you have asked for the your right to stay in your mother in law's house. Secondly you have also not stated on what point of dispute your husband has stated that you don't have the right to stay in your mother in law's house. Thirdly, as per your own statement,. the house is not in your mother in law's name, as you stated that being in your father in law's mom.
So, how the house in the name of the mother of your father in law can be considered your mother in law's home?
Better be truthful what exactly is your problem, if there is really any.
Querist :
Anonymous
(Querist) 03 August 2018
Hi,
For first point, My husband is staying in home where my mother in law and father in law stays. I am also with my husband since last four years.
For second point, i used get salary of 30K per month. I used spend my money on my baby, for me and for few home needs and saved remaining amount for future use because my husband is only son and he has to take care of his parents. I never asked for single penny from husband.
Issue is in my home, totally 4 bed rooms are there. They have given single room for me. I have to keep all things( My things, my husband things and my baby things) in one room only which is not sufficient for me. Requested to purchase almary . Now question is where to keep that. To keep that I have to put it in another room and my husband is rejected to that and said you don't have any right to stay in the home. I am not understanding how to maintain every thing in single room.
For 3rd, Home is on the name of my father in laws grand fathers name(father of father in law's mom). Still we are getting electricity bills on his name only.
Vijay Raj Mahajan
(Expert) 03 August 2018
So what if you're given only one room to live in your in law's house, at least they have not turned you out of their house. Your right to residence can be ordered against your husband only not in laws.
If you're not satisfied with the place provided by your in laws in their house then ask more from your husband.
No court will give any relief to you after going through your pleadings of insufficient place provided to you at your in laws place.
Guest
(Expert) 03 August 2018
You still seems to be far from the truthful story. Earlier, you stated that the house is in the name of the mom of your father in law, whereas now you have stated that the home is on the name of your father in law' grandfather's name (father of father in law's mom).
Still further, even if your right to live in that house may be there, accommodation can not be beyond the house owner's capacity to allow. So far as your personal problems are concerned that should be discussed with the elders, i.e., your father in law and the mother in law for additional justifiable space for keeping your almirah etc. Rightfully, you cannot claim any additional space or number of rooms in that house. Right to live and the need of additional accommodation are two different things. Rightfully, you cannot claim more accommodation to disturb the family of your father-in-law just to serve your own needs. If the accommodation is short and the owner does not allow any additional space, you and your husband has to arrange for hiring of the accommodation considered sufficient somewhere else to serve your needs.
Querist :
Anonymous
(Querist) 03 August 2018
Thank you. Even in earlier message also i conveyed the same . Any how am not asking share in that property. Just asking right to stay in the home because my husband is also in the same house.
I have my own property but I want to stay with my husband because of my baby.
Many time my father in law asked me to go out of the house but my husband is not moving. Finally he started using words that I cannot mention. He is showing his angry on me.
Sudhir Kumar, Advocate
(Expert) 03 August 2018
You have been given a room as you say that means you are not thrown out.
Now you are telling facts on installment basis.
You have now told that he is asking your husband to vacate lest he is using objectionable words. In case his language is abuse/vulgar then call the police forthwith by just dialing 100 and let him be in. STILL YOU CANNOT BE THROWN OUT.
Kumar Doab
(Expert) 03 August 2018
You as wife have right to residence where your husband resides.
Sudhirji has mentioned in his 1st post about DV.
Understand what exactly is DV from the perspective of abuses/abusive words that cannot be mentioned, as per your post.
However while you consider to level allegations (without evidence, with evidence), also go thru;
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Son has NO forced share in self earned/acquired property of parents.
Daughter in law has NO forced share in self earned/acquired, ancestral property of parents in law.
Wife has NO forced share in self earned/acquired property of Husband.
Wife is not a co-parcener in ancestral property of Husband.
Kumar Doab
(Expert) 03 August 2018
Which personal law applies in your case?
Are you all Hindu?
Confirm!
Believing that you are all Hindu:
Ancestral Property; is one that is four generation old and is acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter.
Self acquired property can become ancestral property if it is thrown into the pool of ancestral properties and enjoyed in common.
The property that devolves by inheritance, WILL, partition, gift …. is of nature self acquired.
The electricity bill in the name of one deceased owner/share holder does not matter as far as share is concerned.
Succession opens on date of death; by inheritance or by testamentary succession ( by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs ie.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.
If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………
If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..
If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..
This and knowledge of date/month/year of deaths of 1st owner and then his/her legal heirs down the line, should help you in determining the share of your husband in this property ( if any).
As already posted during the life time of your husband you have NO forced share in his self acquired/ancestral property.
Your child can have if the property is ancestral in the hands of your husband.
Kumar Doab
(Expert) 03 August 2018
Your husband is staying in the property and so are you.
Out of 4 rooms you have 1 room.
Prompt your husband to explore possibility of Registered family settlement with boundaries with elders of the family and thereafter if new construction is possible on portion allotted to him.
Thus your husband can stay near/with his parents and care for them and you and child and also get new space for his family that includes you and your child.
Or buy some piece of land and construct or buy constructed / flat.
Continue to work and save for your own financial security.
Or build on your own property (as posted by you) and if your husband wants and you agree, keep your parents in law with you.
Find amicable solution and retain the relationship and avoid fissures in wedlock.
Kumar Doab
(Expert) 03 August 2018
Pls don't post as AQ and post with your ID..
