Interim residence order u/s 19 and section 23 of pwdvact

There are two aspects in your case.  The first aspect is that under DV Act, you can ask for residential rights and not title to the property.  And another problem that comes in your way is that you have to prima facie prove domestic violence to seek any relief under the Act.  Siblings of your late husband refusal to allow you to enter matrimonial home - amounts to Domestic Violence or not is a debatable question and if it is a debatable question, the courts will take their own time to decide that and you will fed up with protracted litigation.  But a silver line in dark cloud is that if you got interim relief in domestic violence Act, as per the Supreme Court Decision in 2016/2017, the High Court should not give stay order mechanically.  So, you challenge the HC stay order there itself or in S.C.

Next, for declaration and permanent possession of the suit property, you have to file a civil suit and in that you can get interim relief of permission to stay in the property.  That cannot be ruled out.That is the permanent remedy you can get for yourself and your children.  A civil suit with appropriate interim relief applications, you will get desired result.  No doubt, opposite parties might have filed a will showing that your late husband gave away the flat to them or have taken similar pleas.

We are running "Samarpan" legal aid centre in Delhi.  If the people who have no means to contest the cases in Delhi District Courts, Delhi High Court and Supreme Court, we would be pleased to help completely free of cost.  If you are interested and want to avail our services, you are most welcome.  Pick up phone and call us.  If you have already engaged a good and competitive advocate, as a second opinion also you can avail our free consultation, at your convenience.

I hope this will give assurance and flicker of hope.

thanks sir

I have already a suit pending in delhi court for declaring will null and void and eviction  and their probate after beimng recalled by judge once due to suspicous manner is also pending along with it . Since 2006 matter is pemnding  going slowly .Both judgs nd lawyers are casual.

Sinc I retired in 2015 i filed DV act section 18,19 and 21 for at least getting a portion of flat .a lso filed together section 23 application for interim  rsidence which we are discussing .i was shocked how high court can ex parte stay session court judgment  that too in residence right. so let me go through supreme court judgment too f your provide reference.

I dont care what they do since they are using rent free my house showing a fake will which looks fake on its face.They could not take probate in 12 years .

kindly elebaorate on supre court judgement 2-016/2017 referred by you so i ca go tjhrough it.

Iam using lawyers form lagal aid cell but not devoted and sincere mostly. I would sure like to meet you too and sek help.thans for offer.you are doing great work sir.I can pay some amount  too.

would like to meet you soonest. so also reply how .

thanks . but the commetn is too simple and obvious .kindly do give some expert advise on issue .as to on what grounds a high court can interfere in resdience of rigth that too under dv act a additinal leglslation for women in distress