Domestic violence
Suchitra
(Querist) 01 February 2016
This query is : Resolved
Respected Experts,
My query is regarding domestic violence act.
As per batra's judgement daughter-in-law cannot reside in in-laws house without their wish.
But if the house was in the name of father. He died intestate. The property is now in the name of mother.
My query is if the father died intestate then the property will be inherited by the members of the family as per hindu succession act wherein all sons, daughters and wife will have equal share in the property.
Thus if the son is having right in the property then can it be called as joint family property and in such property can a daughter in law claim for residence order.
Thanks & Regards,
Suchitra
rajagopal.s
(Expert) 01 February 2016
HI
If the father had died intestate, then the property will devolve on the sons, daughters and wife in equal share.
The inheritors will receive the property as their absolute property and not as joint tenants.
Thus the son has his independent right on the property and the daughter in law is entitled to live in the property and claim residence as her rights as a wife are not to be trampled upon by in law's,
Rajendra K Goyal
(Expert) 01 February 2016
Wife can claim residential orders as her husband has share in the property after owner i.e. her father in law expired intestate.
V R SHROFF
(Expert) 01 February 2016
DV ACT CONFER RESIDENCE TO WIFE IRRESPECTIVE OF WHO IS THE OWNER.
WIFE MUST PROVE IT WAS A MATRIMONIAL HOME, AND SHE SHARED THE HOUSEHOLD ARTICLES AND RESIDED THERE , HAD DOMESTIC RELATIONSHIP WITRH OTHER MEMBERS OF THAT HOUSE..OK
Suchitra
(Querist) 01 February 2016
Thank you everyone for your guidance.My query is resolved.
Devajyoti Barman
(Expert) 02 February 2016
Yes, on death of FIL the son becomes its co-sharer along with other legal heirs and in that circumstances the wife can apply for residence in the said house wherein the husband has share.
