swati (hhhhhh) 20 January 2015

Cruelty - not letting stay in ancestral property?

There is a ancestral flat and since last 4 years husband and his brother kept telling me that it was sold.

I have been living in rental flat since last 3 years and paying rent myself. My husband has almost deserted us. I am working and taking care of my son from my salary only. He gives nothing.

My DV case is going on. Recently I came to know that the flat was rented by my brother-in-law and his wife is taking the rent since last many years. My husband and my father-in-law gifted that flat to my brother-in-law just 2 months before I filed DV. My lawyer found the copy of gift deed and submitted in the court.

Does it amount to cruelty that they didnt let me and my son stay in this flat? My lawyer saying we should file 498a but I wanted to know views of experts in this forum.

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5 Replies

adv. rajeev ( rajoo ) (practicing advocate) 20 January 2015

Ancestral flat means whether it is property of ancestors of your husband or your father in law"s? If it is ancestral then your son can claim his share in that property in the share of your husband. You will also get share in that property.

If it is self acquired property of FIL then no chance.

Regarding 498A don't go for it . If you filed enemity goes on developing.

In the DV Act you can demand for the shared house.

Jayashree Hariharan (Advocate) 20 January 2015

it does not amount to cruelty at all. but if it is ancestral you both have a share in it.. you can file maintenance case too, if your husband is well off than you. hope your lawyer has updated you on this aspect.

saravanan s (legal advisor) 20 January 2015

through dv act you can apply for right to reside in the shared household which applies for the flat you are currently residing and not the ansestral property flat. dont file 498a because it would definitely lead to divorce

T. Kalaiselvan, Advocate (Advocate) 22 January 2015

First of mall you have misunderstood the concept of ancestral property. The property, you state to have been gifted by your father in law and your husband jointly to your brother in law, it means that this property is not of ancestral in nature. Even if it is taken as ancestral, you do not have any rights in it, may be your son has a right and to protect the minor's interest in the ancestral property you may challenge the gift deed but you have to confirm the same. You can claim residential protection from your husband only and not from your father in law.Your brother in law is the owner of the property hence there is noting wrong in he collecting the rent from his property. Since you have already filed DV case against your husband, go ahead with it, dont complicate the issue with more number of criminal cases against him.

swati (hhhhhh) 25 January 2015

Hello Kalaiselvan Sir,

The ancestral flat I am talking about came to my husband's family from his grand father, so isn't it ancestral property?

I came to know it was gifted by my FIL and husband to BIL in Aug 2014. I have filed the DV case in Nov 2014. I had been asking my husband and his family to me stay in that flat since last 3 years but they didnt.

We had a family meeting in July 2014 along with my uncle and we were asking them to let me stay so I dont need to pay rent.

Please clarify the doubt.

Thanks

Swati

Originally posted by : T. Kalaiselvan, Advocate
	First of mall you have misunderstood the concept of ancestral property. The property, you state to have been gifted by your father in law and your husband jointly to your brother in law, it means that this property is not of ancestral in nature. Even if it is taken as ancestral, you do not have any rights in it, may be your son has a right and to protect the minor's interest in the ancestral property you may challenge the gift deed but you have to confirm the same. You can claim residential protection from your husband only and not from your father in law.Your brother in law is the owner of the property hence there is noting wrong in he collecting the rent from his property. Since you have already filed DV case against your husband, go ahead with it, dont complicate the issue with more number of criminal cases against him.