Weather a legally divorced lady can have right in ancentral property of hussband
Kamlesh
(Querist) 21 November 2014
This query is : Resolved
Hi all
I am dealing in a case where a lady is living on the ancestral property of husband.
She is having physical relation (not easy to be proved, but all knows) with a person who is also living with her in the same property/address.
Ex Husband of the lady is also living in the same property with mother. Father of the Ex husband (aged 75 yrs) is compelled to living in old age home in delhi for about last 3 yrs, as he is threaten for implicating him in criminal false case by the lady.
Father of Ex husband have the papers of the property in his name.
Lady is having friendly relation with police and local gundas anti-social elements.
Lady has got TPDDL METRE CHANGED IN HIS NAME by illegal way.
Lady has two son about 10-13 years, one is said to be of ex husband and one is said to be of her boyfried who is living with her.
Lady has filed a false case against father in law, sister in law (Nanad) and brother in law (Nandoi).
My questions are:
1. Does she have got any legal right to stay in house?
2. How she can be evicted from house?
3. What logical defence we can take in criminal complaint filed by lady u/s 156/3 of threatning the lady?
4. Plz suggest any other important move we can adopt in the case.
Replies are welcome @
kamleshjhaadvocate@gmail.com or even on mobile 9999332085.
advocate Avdhesh chaudhary
(Expert) 21 November 2014
she does not have any right but her children will have to inherit. her father in law can dispose of his property or may make a will on anybodies name. adv. avdhesh chaudhary
Guest
(Expert) 21 November 2014
Dear Kamlesh,
Living in ancestral property and claim for ancestral property are two different things. But, custody of legitimate child with father or mother can be the decisive factor for eviction point of view, as child has the right to live and even claim his share out of the ancestral property.
But for wife, as divorce, itself, means severance of all relations with the husband and his other family members (except her own child), question of any claim of any part of ancestral property for herself does not arise. However, his boy friend does not have any right to live in that house.
But during the life time of the old father of her husband, she cannot claim share even for her son, even if he is in her custody.
So, you will have to take several factors in to account before making any strategy for her eviction in view of her friendly relation with police and local gundas anti-social elements.
Devajyoti Barman
(Expert) 22 November 2014
Wife has no right of share in ancestral property of husband though the child have.
The wife however has right of residence in the same undr PWDV Act or Hindu Adoption and Maintenance act.
ajay sethi
(Expert) 22 November 2014
agree with experts
Kamlesh
(Querist) 23 November 2014
Thanks a lot all for your sincere advice and support, specially to PS Dhingra,& dcgroup1962@gmail.
Dear sir ajay sethi In my opinion under PWDV Act women has right to live, but not a divorced women.
Thanks again.
Guest
(Expert) 23 November 2014
She is having a physical relation(not easy to be proved but all knows) Why Not Easy to be Proved
Guest
(Expert) 23 November 2014
Hi Kamlesh,
Thanks for your appreciation.
T. Kalaiselvan, Advocate
(Expert) 25 November 2014
One place you say that it is ancestral property and in another place you say it is self acquired property of the father of her ex-husband, the property is on his name as per papers, which is true?
In any case, she is an illegal squatter in her ex-father-in-law's property, she can be evicted through an eviction suit or by filing a criminal trespass case by her father in law. If it is ancestral property, he legitimate son will be entitled to a share out of his father's share in the property.
