Please help me

1. Was that will was witnessed by two persons and was registered in the sub registrar office , if yes then your fiL is the sole owner of this property ,the challange of his sister regarding fake of will in the court of provate , will be dismissed , if the will is not witnessed by two witness or both the witness had died , and also the will was not registered then the will can be challanged in the court of probate for its authentication . 2. if your fiL is benificary by the will then he has all rights in that property , he can sell, donate , makes his will of that property etc...

u dont have any right on that ancestoral property of ur FIL.

But yes, u have right for residence if u stayed with ur hubby in that house as a shared household just before seperation and if u did not stayed with ur hubby just before seperation in that home and was living somewhere else, then u do not have right for residence too.

I agree with most of what @498aweddinggift has to say. But I would like to add that even if you shared the household with your husband in the immediate past, still then you MAY not have right to residence too if the husband has neither ownership right nor has rented it. 

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There are many ways to skin a cat, if you have heard the saying. However, I do not like to advise women on how to skin their husbands as I participate in this forum precisely to help husbands facing such problems.  

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In any event, the advice I would like to give you is to withdraw the DV case as you are not going to get anything out of it.  it appears that you just want to harass your old inlaws. There is one way you can certainly win: Go to your husband and beg him and your in-laws for forgiveness. Take that approach and see how miracles will happen! You have nothing to lose.

 

 

498aweddinggift

498aweddinggift

Samir Bhai,

Yeh agar samajh jayen ki winning is actually loosing yourself for your husband, then yeh sab DV,498a,125 etc etc ki zarrorat hi naa pade...........But, the ego, vengeance and revenge for all unscruplous ladies is above their life and morals !!!

Only God can help them :)

"my inlaws want to evict me from my matrimonial home.."

That is what you said in your querry.  If that is so, irrespective of the fate of the will of your father-in-law in the court, you have got a residential right in the property.  Refer to S.2(s), which defines "shared household" in broader terms and read with S.19(1)(a) of the DV Act.  This advice I am giving fully conscious of Tarun Batra's case delivered by the S.C. refusing the right of residence to the daughter-in-law.  Similarly, you can also seek the stay of the alienation of the property under DV Act and to get relief you have to refer to prescribed format - Form II (See rule 6(1) Para 3 (ii) Residence Order under Section 19 - 4th relief, which says that an order restraining respondent(s) from "Alienating/disposing/encumering the shared household.  Both the reliefs you sought could be given even at interim stage.

I do not agree with Adv. Chandrasekhar's advice here.

You can sought for any relief in the world. Even can ask for Taj Mahal in your petition despite u know that Taj Mahal is not the shared household.

Getting the relief is different thing and filing it in petition is different.

Your husband can very well get an order of keeping u in a rented accomodation. 

Rest lies on you, what you want whether cloudy promises by ur lawyer or the fact which actually happens in court.