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Rights of a daughter in law

(Querist) 13 February 2016 This query is : Resolved 
Sir
I am married since last 11 years and have a son aged 10. My husband is working in his fathers business and gets no salary and has no signing right in business also. I am working as a teacher to support my son's education as there is no financial support from any other source. My father in law has another also and an unmarried daughter also.The other son is a lawyer and he has been making threats to me and my husband on basis of his legal powers. My father in law are also in his control. Now since few months my father in law says that both of us should go out of this house and stay on rent. Sir please guide me that is it legal as my husband has no other income and he will not get any rent from family business also.My brother in law stay in the upper storey of the same house with a separate kitchen. Plz guide me
Devajyoti Barman (Expert) 13 February 2016
Your husband being adult can insist his father to financially support him.
If his status in the business is as an employee then he can get back his dues but not more than.
If the house is purchased by your father in law then he can bring suit to evict you.
This happens when the sons in spite of being coming of age depend on father.
Try to resolve the dispute amicably and refuse to vacate the property.
You can stay in the property as long as the court does not conclude the trial/
Dr J C Vashista (Expert) 13 February 2016
@ Neha,
Whether the house is self acquired property of your father in law or ancestral? If self acquired your husband is a licencee and can be evicted.
Your husband can claim salary in the business of your FIL.
Consult a local lawyer.


Kumar Doab (Expert) 13 February 2016
The dictate to vacate the house and stay on rent is apparently an indicator of dispute that is likely to precipitate

If your husband is sensible and with you then ask him to download irrefutable evidence of employment on wages, and /or download irrefutable evidence of employment on wages.


You should consult an able counsel ASAP.


Rajendra K Goyal (Expert) 13 February 2016
You have got early signals for the coming events. You husband should come out of the business, start another work / business immediately so that he may be able to meet future demands. You may have to live on rent for some time.

Any dispute would ruin your peace of mind.

Support your husband to avoid being dependent, but to become a self made person.

Once decide, time would be yours.
Neha (Querist) 13 February 2016
Sir my father in law sold his anscestrol property...got a new house ...sold it again and bought this house....
Neha (Querist) 13 February 2016
My husband takes care of whole business and all buyers and sellers contact him....My problem is if we go out on rent....it is going to take timefor my husband to set new venture....till then i wont b able to incur all expenses. Can they just throw me out like this...Can my brother in law being a lawyer threaten me like this ?
Dr J C Vashista (Expert) 14 February 2016
1. If your FIL has invested the proceeds of ancestral property as stated by you, can you/ your husband collect evidence to the fact? If so, he (your husband) has a right in the house and he can claim his share as coparcener.

2. If all the customers/clients deal with your husband he should quit his father's business and start afresh independently to avoid untoward situation at a later stage.

3. Contact, consult and engage a prudent local lawyer for proper guidance and proceeding.
J K Agrawal (Expert) 14 February 2016
This is a very good signal that your husband has command over business. For some time you may face financial crisis but just quit. you will gain position very soon. Meanwhile it is highly advised to keep and maintain good relations with relative of your husband liks sisters bhuas and uncles and friends of your father in law. Their support is bigger than any legal support.

Being a lawyer is not a big qualification and courts pay no special favor to an advocate in his family matters. You can hire even a better advocate.

Being lawyer means being a gentleman and polite person who is impartial and ready to protect the rights of others. If your brother in law favors justice only you can suppose him to be a Lawyer. If it is so, you and me and almost all others will afraid of him otherwise you need not to worry.
Neha (Querist) 14 February 2016
Thanks ....it was a great help.....you cannot even imagine you just guided me like brothers.....God bless u all.


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