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(Guest)

Father in law property - domestic violence case

My father has disowned me from his self acquired-property. May i know if my wife can still seek residential rights on that house ? She has mentioned my fathers name and also mentioned that my father has a house in that city but i am wondering if court will still grant her residential rights ? Although there are tons of judgement about this and trust me ever since she has filed all these cases i can't even sleep yet i am fighting all cases. My fathers property is hard earned and there is no way i want her to seek any residential rights on that house. I would sincerely appreciate your advice.



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 11 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     14 April 2014

if the property is ancestral...then u n ur wife can claim

If not and still u r residing there, then ur wife can claim

if u r not residing there, then ur wife can not claim


(Guest)
Originally posted by : RAKHI BUDHIRAJA

if the property is ancestral...then u n ur wife can claim

If not and still u r residing there, then ur wife can claim

if u r not residing there, then ur wife can not claim

 

I don't reside there, neither my father reside there but my father mother is still alive and she has mentioned both of their name in Domestic Violence case. I think you misunderstood my query - it's not a property claim but she is seeking residential rights.

 


LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     15 April 2014

Yes she can claim residence and there are APEX COURT citations even against disowned son.

 

Contest the case on technical issues and try to exhaust the opponent in court battles that is only safe way to come out of these gender biased laws.


(Guest)
Originally posted by : LAXMINARAYAN - Sr Advocate.

Yes she can claim residence and there are APEX COURT citations even against disowned son.

 

Contest the case on technical issues and try to exhaust the opponent in court battles that is only safe way to come out of these gender biased laws.

Similarly there are some higher court and supreme court judgements saying that daughter in law has no residential rights. However i do believe each and every case is different and only way out would be by fighting it. My wife never stayed at that house. My parents are very old for these news and i don't want to panic them at the same time they don't want to see my wife entering that house. I guess it's not going to be easy for me now.

Laxmi Kant Joshi (Advocate )     15 April 2014

Join if it self owned property by your father and he had disowned you from his property then you and your wife has no right to enter in his property against his wish , now it is your duty to provide a residental accommodation and other facilities in that to your wife and you too have to cohabitat and resides with her in that , she has no right over your fathers self owner property .

Sachin (Executive)     16 April 2014

Dear Experts

1) If  the property is ancestral but now in the name of boy's father then can wife get share in that property?

2) If yes, how to save property of boy's father.

Thanks

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     16 April 2014

If the wife is living with the husband no problem.

 

If not you should collect all the evidence against her.

 

At present such right is through  DV ACT since other laws have not come in so far.

 

So DV ACT cases must be contested on technical issues and exhaust the opponent in courts.

Sachin (Executive)     16 April 2014

Dear Experts

1) If  the property is ancestral but now in the name of boy's father then can wife get share in that property?

2) If yes, how to save property of boy's father.

Thanks

 

T. Kalaiselvan, Advocate (Advocate)     16 April 2014

Since you have stated that it is not your house and you are not residing there, also your father has disowned you, it clearly indicates that you have no connection with that house any more hence legally she cannot claim residential rights in that house, of course she can claim residential rights in the house where you reside now or in a separate accommodation.  So be tension free that she cannot disturb your father's possession and enjoyment of his property.

1 Like

Ramesh Purushoth (Finance Manager)     17 April 2014

Dear Sir/Madam, I'm 42 years old male, married in 2001, I was living in 3 floor house with my wife for 7 years, which was in my father in law's name. I had invested approx Rs.12.88 lakhs in the property most money were routed from my SB account to wife's SB Account, and withdrawn from her SB account on the same day of Registration of Site. I don't have any official receipt since it was happened within 4 walls. But I have wife SB Account details of proof, Small signature from wife and Receipt Acknowledgement in the form of Audio-Recording from Father in law. 

I had applied for Injunction, during the time the house door was broken and occupied by my wife and FIL, later my wife applied COUNTER Case for Divorce, Child Custody and Maintenance. 

She used to beat me with Shoe, she acknowledge in writing. 

Whether I'm eligible to claim my share of the House. How to take it forward.

Thanks

Ramesh Purushoth (Finance Manager)     17 April 2014

In India, Female has many many advantages than male.


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