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(Guest)

Can wife put stay on matrimonial home?

I and my wife lived in my brother's house which was jointly owned by my father and brother. Now brother is the only one owns that home. I rented my home for a while and later sold it and bought another property which I gifted to my brother just before I received divorce notice. After 18 months, suddently my wife would like to come back and live in that home and prayed to court that it is her matrimonial home so my brother should not be given any right to sell that home. Can court entertain such requests? Can my brother claim compensation from court?



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     19 July 2014

She cannot file an injunction suit against the property that belongs to your brother neither she can file a suit against the property owned by you as well.  She can claim right to residence in her matrimonial home, if the matrimonial home is not in your possession, you may rent out a house for her stay.  This is the legal position.


(Guest)

Thanks a lot for the detail explanation.


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