@ anjuru: thans a lot for your advice.. you have understood my query and situation perfectly.. yes at the time of marriage my husband bought me directly to my matrimonial home and all of us lived together.. later when all the problems started he shifted to a rent accomodation but dats just his game plan.. my husband meets his entire family outside.. like in february 2017 he went for a family wedding with the entire family.. i can prove that a little.. he goes with his family for birthdays, dinners etc.. so 100%.living on rent is his game plan.. he meets his family quiet often but somewhere outside.. also in my matrimonial home 1st floor and 2nd floor is also there.. however tenants live der bcz my father inlaw got that area constructed in 90's so ghar ke expenses rent amount pe chaltey hain.. so my husband can live der rather than staying on rent.. so lets see how much the judge understands der manipulation and games..

@ anjuru: can you please give a clarity on framing of issues? On the next date my matter is listed for framing of issues.. can you please tell how does the court frames issues ? Will the judge listen to both the parties before the framing of issues ? Or judge won't listen to any of us ? Also at what stage will the court ask fir registered property documents ? Thank you

Just tide over that IA issue, wherein your FIL had prayed for your eviction. If he does not get favourable order there, he can't do anything even if he wins main suit. Judge will take views of both sides for framing of issues. You give it in writing that from your side the issues are :

 

1. Whether ownership of property has anything to do with Right of residence of Daughter in law at matrimonial home?

2. Whether husband intentionally & deliberately staying in rented house without filing partition suit against his father to defeat the order of judge of DV court (mention Court's name properly I have written this as DV court only for understanding sake)?

3. When judgement of DV court is operative does it not lead to conflicting judgments on same issue if the order in IA is inconsistent with it? If yes, on what grounds giving judgment inconsistent with earlier judgment is justified?

 

You can present the above as your issues during stage of framing of issues.

@ anjuru: thanks a lot for this help.. 1. what is the full form of IA ?? 2. Also in addition to the issues can i also add one more point that since my father inlaw acquired this poroperty from his father bcz his father didn't make any will.. so he should show the registry of the property dat must be on my father inlaw's name vch must be done under DDA/MCD.. can i add this point ? However one of my sasur's sister has filed for the partition suit in high court..der case has been going on since 11 years.. so is this point valid ?

IA means interim/interlocutory application. It is filed to pray for temporary reliefs before main suit is decided. 

 

If your FIL's father died without writing will, it is called dying intestate. There is no need of showing proof of property acquired through intestate succession. How property devolves upon sharers is given in Hindu Succession Act.

 

If your FIL's father acquired property on his own, and he had written will in favour of your FIL then your husband won't get share in his fatger's property. Husband's grandfather dying intestate is actually advantage for your husband because he can claim share from father's property legally under Hindu succession act.

 

  So better line of argument for you would be to say that "husband despite having share legally is deliberately not claiming it, the only motive is to throw me out of FIL's house. Husband not filing partition suit despite purportedly having strained relationship with father is collusion to defeat law and miscarriage of justice done by DV judge".

 

But tell me who are opposite parties to your FIL in Injunction case.

@ anjuru: first of all i want to thank you for solving my query so well.. otherwise people just pass personal frsustration here rather than helping with the answers.. you are different.. am thankful to you.. yes my father inlaw has filed order39 under 151cpc application asking for interim orders for my eviction.. but they have not pressed the application yet.. matter is listed for framing of issues on the next date.. judge has not mentioned anywhere that he will consider der order 39 application..so am not sure whether order 39 has been dismisses or not.. My father inlaw's father didn't make a will..rather sasur's father bought this property from somebody and my father inlaw has submmitted the sale deed.. your last para is just perfect to cut down there claims against me.. injunction suit has been filed by my father inlaw.. father inlaw is the plaintiff.. and i am the defendant..also my husband is defendant no.2.. although my father inlaw has not disowned my husband from the property.. is it mandatory to disown the son while filing injunction suit ?

Yeah. Everyone should come to court with clean hands. If they are happy together as father and son, why say in court I have dispute with son? There must surely be some claim against his son, otherwise why he becomes defendant?  What's his claim against your husband, read prayer of suit and tell me.

@ anjuru: my father inlaw has not made any prayer or claim against his son.. he has only put allegations against me..father inlaw has mentioned dat my husband is living on rent so now i have no right to live in my matrimonial home.. Can you please solve one important query of mine.. actually the property case which has been going on between my sasur and his sister is pending in the high court.his sister is a widow and she has a son.. just few days back his sister has developed massive health issues as she is 80 yrs old..presently she is critical.. she may not survive.. although i hope she gets well soon but practically chances r too less.. i dnt want to think like dat but still i need to prepare myself for any situation.. so my query is that if something happens to his sister then what all negative things will happen with me legally ? His sister's son will definitely claim a share in the property so there property case will still continue even if his sister is gone.. 1.so will this lead to my eviction from matrimonial home? 2. If the property case gets sorted then will i still get residence rights ? 3. If the high court puts the property on sale for giving a share to sister's son then where will i go ? What about my security of an accomodation. Am very worried now.. please advice.. thank you

Move a 3rd party Interlocutory application in the case between your FIL & his sister in High Court claiming yourself to be "interested party" give details of residence orders given by DV court, enclose copy of it, and pray that any order given by High court in that case may be subject to your right to Residence at matrimonial home.

Can i really do that ? Will the judge entertain my application. Chances are for rejection of my application?

@ anjuru: okayyyy.. thanks so much for this superb legal advice 😊👍 Thanks a lot