ancestral property

Querist : Anonymous (Querist) 22 June 2011 This query is : Resolved
Sir, a property owned by my father which was originally of my paternal grandmother.After that it was registerd at my father's name.
My brother has dispute with his wife and his wife has claimed shared household here .But brother is agree to give her alternate accomodation but she is not willing to go out of our house.Is this ancestral property?

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R.Ramachandran (Expert) 22 June 2011
The property described by you is not an Ancestral property by any stretch of imagination.
Whether your father is alive now?

Devajyoti Barman (Expert) 22 June 2011
How does that property come in your fathers name, through gift or will or inheritance?
Under the DV Act, the wife has no right of accommodation in the shared household if the same does not belong to the husband.

Guest (Expert) 23 June 2011
if the property is transferred after the death of the father than it is ancestral and if it is passed in the time of father than it becomes the self acquired and if the property is not in the name of your brother she can not claim the house.

prabhakar singh (Expert) 23 June 2011
mr. Devajyoti Barman is has rightly addressed your problem.

Querist : Anonymous (Querist) 23 June 2011
Thanks to all.
The property came to my fathers name after my grandmother's death by inheritance.
Above all my two brothers has taken housing loan to construct building where my father is a co-loany though his investment is zero but because the land is in his name.Now my two brothers are repaying loan actually but fathers name is in paper only.
Can she came shared house hold?

Chanchal Nag Chowdhury (Expert) 24 June 2011
The brother's wife has no right to the property.

Kirti Kar Tripathi (Expert) 24 June 2011
Yes, Mr.Barman is right, wife clan not claim accommodation in the property, which does not belong to her husband.

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