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dolly (housewife)     27 October 2014

Depriving me of my rights

hello friends ...im in great trouble ..i gt married in 2005..hav one eight yr old child ..right from my marriage my husband behaviou is very suspicious till now ..he is a gay or impotent i dnt cm to knw ...as if i ask someone that he is gay then people used to say how this cn be poss...we don't share relations from past 9 yrs ...inspite of all this my mother in law and my 3 sister in laws behavior is also try rude they use to harass me ...i been gone throughout huge mental and physical trauma ...now recently after marriage of all three sis in laws my mother in law filed false case against me and my husband ..under mantainance and protection of senior citizen ....my husband and my mother in law are joint owner of the property .....when i was not in town they both made a compromise deed between them and deprive me when I'm also the party to said case that u don't had any legal rights on the said property ..which was unshared at the time of my marriage now they shared that between both of them according;y front share of the property will go to my mother in law and back to my husband ....then i filed domestic violence case against my husband and my mother in law .....but till now no relief ...... I'm of the view that they been into such compromise just to deprive me of my rights as they both are actually don't have any issue ...that compromise deed was signed in mar 2013 ...now my mother in law filed an application for its enforcement and adm court ordered local SHO for its enforcement in the presence of police .....i ws sacrificing my life for my kid ...but these people depriving me and my son of his rights ....as my mother in law want to give his share to her daughter may be thats why she is dividing property ........if i file divorce then also i want to knw about my sons right on my mother in law property ......plz help



 4 Replies

Tajobsindia (Senior Partner )     28 October 2014

Originally posted by : dolly
  hello friends ...im in great trouble ..i gt married in 2005..hav one eight yr old child ..right from my marriage my husband behaviou is very suspicious till now ..he is a gay or impotent i dnt cm to knw ...as if i ask someone that he is gay then people used to say how this cn be poss...we don't share relations from past 9 yrs ...inspite of all this my mother in law and my 3 sister in laws behavior is also try rude they use to harass me ...i been gone throughout huge mental and physical trauma ...now recently after marriage of all three sis in laws my mother in law filed false case against me and my husband ..under mantainance and protection of senior citizen ....my husband and my mother in law are joint owner of the property .....when i was not in town they both made a compromise deed between them and deprive me when I'm also the party to said case that u don't had any legal rights on the said property ..which was unshared at the time of my marriage now they shared that between both of them according;y front share of the property will go to my mother in law and back to my husband ....then i filed domestic violence case against my husband and my mother in law .....but till now no relief ...... I'm of the view that they been into such compromise just to deprive me of my rights as they both are actually don't have any issue ...that compromise deed was signed in mar 2013 ...now my mother in law filed an application for its enforcement and adm court ordered local SHO for its enforcement in the presence of police .....i ws sacrificing my life for my kid ...but these people depriving me and my son of his rights ....as my mother in law want to give his share to her daughter may be thats why she is dividing property ........if i file divorce then also i want to knw about my sons right on my mother in law property ......plz help  

 

@ Author,

 

1. Suppose a case goes to floor of Court then a legal person will ask you ‘whose child is this’ if your husband is gay or impotent?. Prepare well for right answer and donot answer me as I understand either a husband could be gay or impotent but surely if he is either or both he cannot father a 8 years old child in a 9 years old marriage ! No s*x in 9 years of marriage also means the child was yours from a previous marriage as you are telling the forum that you got married in 2005 and today is 2014 and the child is 8 years old and then you goes on and telling us that from 9 years you have no relationship with your husband ! The child cannot come from thin air on his own; could he have been ?


2.
Be that as it may be, actually you have no legal right over their co-titled property till your husband is alive. Regarding their alleged compromise I cannot guide you further unless I see the compromise papers or details thereto are mentioned in a brief here for forum's scrutiny. 


3.
No idea what Protection Order you are claiming under DV Complaint case so again I cannot guide you on it. 


4.
If the property is self inherited or built out of money either or both from your husband and MIL’s then you have no share or right in it till your husband is alive and your son has also no right till his natural father is alive, he can only via you seek its partition from only husband's share and not from MIL's share of property and it is long court case process. MIL can dispose off her share or her portion of the property in accordance with her wishes and no rights infuse out of her title towards you or to your son. It is also not known if the said property is ancestral? 


5.
Your son also has no right in your MIL’s share in her property if it is her self and co-joint earned with your husband is my view. I suggest you consult locally about your facts with papers and cases you have filed and they have filed and seek proper guidance as fishing with utopian rights is not healthy neither for you nor for your son and unnecessarily you may end up paying litigation expenses chasing something whose rights you nor your son currently has till your husband is alive. 


[Last reply]

dolly (housewife)     28 October 2014

Originally posted by : Tajobsindia

sir i gt married in may 2005 ..we had relations for three months only that is also once in a week then i gt pregnant until then we don't had any relation may be he is incapable i visited many urologists swell they prescribe injections and media bout he refuse to take that ...he hs many health issues right from the time of marriage diabetic ,high blood pressure and sleep disorder (he shouts loudly while sleeping and also shiver ) he never sport me both mentally and physically ...im just living here 4 my child sake ...but as i told u that my mil file a case against me and my husband ... my mil is also a house wife in property we r living belongs 2 4 persons one my mil and my father in law and his brother and his wife but now my father in law brother give his share to my father in law by relinquish deed same way his wife give her share to my mil ....and then after my father in law expired in 1995 before my marriage he gv his all share to his son through will.... now is property belongs to both my husband and my mil .... in equal share ....but it was a undivided property ....now with this case they been into compromise that front portion goes to my mil and back portion belongs to my husband ....as I'm also party to that case ...i dnt sign that deed nor they tll me ab that ...nw again when my mil move an application in same court for its enforcement then court order local SHO to divide the property by putting the wall which they both agreed to put in that compromise deed .... SHO will put wall in the presence of the police .....as its a ADM court do they had that powers to divide the property ...and also what about my rights ..may be thats a planning of both my husband and mil to kick me out ....i had gone through huge mental torture so i I'm nt getting way are they up to .... i hired a lawyer who said u can go 4 RIT in high court against that order ...... nw when i don't want to live with both what are my rights do they provide me with separate house or what do i say what exactly are my rights 





Originally posted by : dolly



 

hello friends ...im in great trouble ..i gt married in 2005..hav one eight yr old child ..right from my marriage my husband behaviou is very suspicious till now ..he is a gay or impotent i dnt cm to knw ...as if i ask someone that he is gay then people used to say how this cn be poss...we don't share relations from past 9 yrs ...inspite of all this my mother in law and my 3 sister in laws behavior is also try rude they use to harass me ...i been gone throughout huge mental and physical trauma ...now recently after marriage of all three sis in laws my mother in law filed false case against me and my husband ..under mantainance and protection of senior citizen ....my husband and my mother in law are joint owner of the property .....when i was not in town they both made a compromise deed between them and deprive me when I'm also the party to said case that u don't had any legal rights on the said property ..which was unshared at the time of my marriage now they shared that between both of them according;y front share of the property will go to my mother in law and back to my husband ....then i filed domestic violence case against my husband and my mother in law .....but till now no relief ...... I'm of the view that they been into such compromise just to deprive me of my rights as they both are actually don't have any issue ...that compromise deed was signed in mar 2013 ...now my mother in law filed an application for its enforcement and adm court ordered local SHO for its enforcement in the presence of police .....i ws sacrificing my life for my kid ...but these people depriving me and my son of his rights ....as my mother in law want to give his share to her daughter may be thats why she is dividing property ........if i file divorce then also i want to knw about my sons right on my mother in law property ......plz help

 




 

@ Author,

 

1. Suppose a case goes to floor of Court then a legal person will ask you ‘whose child is this’ if your husband is gay or impotent?. Prepare well for right answer and donot answer me as I understand either a husband could be gay or impotent but surely if he is either or both he cannot father a 8 years old child in a 9 years old marriage ! No s*x in 9 years of marriage also means the child was yours from a previous marriage as you are telling the forum that you got married in 2005 and today is 2014 and the child is 8 years old and then you goes on and telling us that from 9 years you have no relationship with your husband ! The child cannot come from thin air on his own; could he have been ?


2. Be that as it may be, actually you have no legal right over their co-titled property till your husband is alive. Regarding their alleged compromise I cannot guide you further unless I see the compromise papers or details thereto are mentioned in a brief here for forum's scrutiny. 


3. No idea what Protection Order you are claiming under DV Complaint case so again I cannot guide you on it. 


4. If the property is self inherited or built out of money either or both from your husband and MIL’s then you have no share or right in it till your husband is alive and your son has also no right till his natural father is alive, he can only via you seek its partition from only husband's share and not from MIL's share of property and it is long court case process. MIL can dispose off her share or her portion of the property in accordance with her wishes and no rights infuse out of her title towards you or to your son. It is also not known if the said property is ancestral? 


5. Your son also has no right in your MIL’s share in her property if it is her self and co-joint earned with your husband is my view. I suggest you consult locally about your facts with papers and cases you have filed and they have filed and seek proper guidance as fishing with utopian rights is not healthy neither for you nor for your son and unnecessarily you may end up paying litigation expenses chasing something whose rights you nor your son currently has till your husband is alive. 


[Last reply]

K.K.Ganguly (Advocate)     29 October 2014

1. Neither you nor your son has any right on the properties of your mother in law or husband during their lifetime,

 

2. They can do whatever they wish to do with their properties legally without your knowledge or consent,

 

3. After the demise of your husband, intestate, you and your son will inherit 1/3rd each of his property alongwith his mother,

 

4. After the death of both your MIL & husband, both intestate, you will additionally get the share of your MIL's property which goes to your husband in equal share with your son.

T. Kalaiselvan, Advocate (Advocate)     29 October 2014

During the life time of your husband, you nor your son can claim any share in the property except you can claim residential rights, so consult your lawyer for further steps.


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