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Maverick 1234 (service)     24 August 2009

Property occupied by wife forcefully

My father in law needs some very urgent help. He was compelled to leave his own house in Delhi which is a single & complete owner ( not an inherited property) by his wife. He has been staying in rented accomodation for over 2.5 ys in Delhi alongwith his children ( my wife who now stays with me & a son ). His wife also filed false cases of domestic violence which she is on the verge of loosing. In addition after not letting him stay in his own house she also filed a case to claim maintenance which she has already lost . My father in law is a evry simple, peaceful person and his wife in turn is abusive and violent by nature due to which he is afraid to try n enter the house or take the posession of the house on his own. Efforts to get help from police have failed. He is 62 yrs old and in a very bad financial situation. Iam trying to understand what are the best options he has or what steps can he take  to:

1) get the posession of his house/property back asap.

2) be able to sell the property so that he gets some money he can use for his retired life

3) how much share will have to legally give to his wife

4) should he file for Divorce and if so on what grounds ie harrassment etc ?

also how much time will it take for one or more of the above. Will really appreciate an immediate response.

 



Learning

 8 Replies

Maverick 1234 (service)     25 August 2009

dear lawyers,

can someone respodn to my issues? Will truly apprecaite an expert advise on the matter

regards

 

 

 

Maverick 1234 (service)     26 August 2009

can someone please respond and advise urgently?

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     26 August 2009

If Domestic violance have given any type of relief to live in the same house to your mother in law.

Plz explain

The best option is he can sell his house immediately coz he is the owner and her wife cannot restrain him doing so.

For divorce at this stage is tough so leave this option.

adv.kamal.grover@gmail.com

M:09814110005

Maverick 1234 (service)     26 August 2009

thanks, Mr Kamal. No such relief has been given to my mother in law. Since my father in law is not in possession of the house he is unable to sell it at the market rate.

Please advise what legal course can be taken so that he is helped by the legal system/police to get the posession of the house back.

regards

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     26 August 2009

As per law wife is having right in the property of husband therefore noone can put him outside that house till it is purchased by others or file a case and wait for about 10 to 15 years.

adv.kamal.grover@gmail.com

Maverick 1234 (service)     28 August 2009

Dear Mr kamal,

 

Sorry but iam a bit confused with your comments. Do you mean to say that wife is having right in the property ? or do did you mean to say that wife DOESN'T have the right in the property?

 

Also, you mentioned about filing a case and waiting for 10-15 yrs.. can you please elaborate on what would be case filed for ? Iam trying to find if there isn't a provision in the law to help the true owner of the property secure posession of the property given the fact that in this case the wife cannot and will not dispute in the court of law on the ownership of the property. Pelase note that she has never claimed to be owner of the property as such nor does have any documetary proof to claim either, just that she is not letting my father in law enter the house and being worried about how police treats a common man, we are looking for a legal support on this.

Maverick 1234 (service)     02 September 2009

Dear  lawyers

can someone please respond with some clear advise and comments to my questions and points? sorry to say that it's disappointing to see that such a nice forum of lawyers isn't able to help ... pls help !!!

 

 

R RAMESH (ADVOCATE)     11 September 2009

It is a matter of family dispute. kindly find an arbitrator who is acceptable to both husband & wife and sortout the matter by discussion ,mutual settlement. otherwise take it to family court..I feel the wife might have apprehention of loosing the property because of dispute between the m.  Bifercating the house and make both of them to leave together may be another positive alternative.


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