Rights of children on purchased house of father.
Ajay Kumar Reddy
(Querist) 10 July 2011
This query is : Resolved
I have purchased one house and my divorcee wife has entered in my house with her parents. My divorcee wife staying with my two children (Boy & Girl) and her parents. So my quarry is following:-
1. My divorcee wife can ask the house for my children?
2. I am paying the maintenance as per court order, so there is any law as Hindu marriage act, I have to give my house to the children?
3. If it is any act then please tell me about that act?
4. Actually my divorcee wife confiscate my house in the favour of her children?
5. What will be my pleading for stopping this?
Ajay Reddy
prabhakar singh
(Expert) 10 July 2011
A LEGALLY DIVORCED WIFE TO WHOM YOU ARE PAYING maintenance as per court order HAS NO RIGHT TO ENTER IN THE HOUSE OWNED BY YOU EITHER ALONE OR WITH HER PARENTS.YOUR REMEDY HERE AGAINST HER AND HER PARENTS ARE TO SUE THEM FOR EVICTION AND POSSESSION TO GATHER WITH DAMAGES .
YOUR DIVORCEE WIFE CAN NOT LEGALLY ASK YOUR HOUSE EITHER ON HER BEHALF OR EVEN ON BEHALF OF YOUR CHILDREN.
about2)&3)THERE IS NO LAW THAT CAN COMPEL YOU TO SURRENDER THE HOUSE OWNERSHIP IN FAVOR OF CHILDREN.
your divorcee wife can not confiscate it for children.No law permits her to do so.you are already paying maintenance.
FOR PLEADINGS TAKE THE SUPPORT OF A LAWYER.
HERE DRAFTING OF A MATTER CAN NOT PROCEED IN ABSENCE OF PERSONAL CONSULTATION WITH YOU.
vinay vaidhya
(Expert) 11 July 2011
Legitimate children are eligible for share in the property. File an eviction suit and claim damages as well you can file a criminal trespass case also
Ajay Kumar Reddy
(Querist) 11 July 2011
Shri Vinay Vadiya This property is purchased by me and i am paying EMI, all the paper is in my name. Can my children can claim on my purchased property. In which section they can claim? What pleading i can take it?
