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ujjwal saveliya (Nodal Officar)     11 November 2014

Daughterinlaw claim properties of father inlaw, husban live

I got married 5 year back. my wife always abusing and making violence in home. one time she stayed 2 year at mayka. now 3 month back she came back. but again fighting and abusing me. i m not in job. my father is heart patents. she went so many time police station, against my family and me base on Domestic Violence Act. she gave threatening me and my family that she will send us on jail. my parents want we should separate from family home..if i want so that my father not get any pain in his heart bcz of his health. I am ready to go another rented home. but she was not coming along with me. she told i will not leave ur parents home ...i have right on father in law properties. i told i dont want. she told only one conditional i leave ur parents home if ur father build home for us at another place give on my name..bcz u will leave anytime to me. now everyday she making violence and abusing us. yesterday she called police. she marks on her body by herself. give our name. we told everything to lady police, we not done. but my wife cry.she listened her. she told i put jail all of u. ur wife will stay ur father home along with u. ur wife will not leave that home and she have right on ur father properties home. now home environment very bad.. my old parents getting trouble. what i will do step by step to solve this problem. my question is that she have any right on properties of father in law if i dont want. if have then what we can do. can i declare that i dont want properties of my father and i want to stay my self at another home and my wife not coming with me.. i dont want any single paisa from my father properties. can u advice me step by step. my father is worried bcz she wrote all family member name in police station. my father is government employee. he is worried about his job.


 2 Replies

Adv. Santosh K. Dubey (Advocate & Lead Attorney.)     11 November 2014

Dear ujjawal,

Laws are made to safeguard interest of the people but many times misused as well, your wife has no rights to claim in the property of your father while you are alive but she can file suit under Cr.P.C 125 for maintenance and of course she will easily make up the relevant grounds for the same.

T. Kalaiselvan, Advocate (Advocate)     15 November 2014

If the properties are your father's self acquired properties, even you yourself or any other person cannot claim it as a right, not even a handful of mud from the property.  Your wife has a right to residence in her matrimonial home and this matrimonial house will be decided by her husband and not her as she falsely claims it to be in her father in law's house.  You can get out of your parents' house to a rented accommodation outside, leaving your parents to live there independently and after that the may file a suit to eject her from their house property, including a criminal trespass case. Consult your advocate and decide further course of action.

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