Can DIL challange suit for posession

raman duggal (Querist) 21 August 2015 This query is : Resolved
My brothers family and my family were living with my mother in the house built by my father. After my fathers death me and my brother gave our share in the property in the name of my mother. due to everday quarrels with my brothers wife my mom decided to move them out of the house but my bhabhi was not ready to move out ..so my mother disowned my elder brother and filed a suit of posession in court against my brother.She won the case but still they are not moving out nor they have filed any appeal in any higher court . Next week Baileef will come to our home to execute the order. My brother is willing to go in the interest of family but bhabhi is not. Can she claim the right to live in this house when the baileef will come to execute the order or she cant as my brother has already given up his share. Kindly suggest. Please experts note that the property was alloted to my father . My father and mother were joint owner of the property. Can she claim this house to be her matrimonial house. Kindly note that my brother's wife was not made a party in this suit.

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Kumar Doab (Expert) 21 August 2015
The house was jointly owned by deceased father and living mother.

The share of the deceased father devolved upon ClassI Legal heirs i.e. Wife, 2 sons.

2 sons have exercised their rights and relinquished their rights in favor of their mother, and thus made mother the absolute owner.

The brother can offer a rented accommodation to his wife to stay with him.

Your lawyer that contested the matter must have advised you.

Sudhir Kumar, Advocate (Expert) 22 August 2015
By now there may be a collection of 5 Kgs of documents. No proper view can be formed by anyone without seeing them.

please contact your lawyer.

Sudhir Kumar, Advocate (Expert) 22 August 2015
repeated

http://www.lawyersclubindia.com/experts/Can-DIL-challange-suit-of-possession--555296.asp#.VdfSqn302aQ

Rajendra K Goyal (Expert) 22 August 2015
No reply if query repeated.

raman duggal (Querist) 22 August 2015
I repeated the query as earlier i posted it as anonymous.

Anand Bali Adv. (Expert) 22 August 2015
Your brother's wife can not claim any right in the property as the whole property is now owned by your mother. In execution of the decree passed by the court your brother has to live apart from this property and your bhabhi is having her right to reside with her husband only where ever he lives.