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shivani (housewife)     27 February 2016

Injunction suit

Please advice.. i live in my matrimonial home but husband stays on rent due to legal tactic. Now my father inlaw has filed an injunction suit and suit for possession case in the court.. the property was purchased by my husband's grandfather..he expired long time back but he did not make any will.in the court my father inlaw is claiming that soon after his father's death he became an absolute owner of this property.also he says that he has been paying house tax since 40years so mutation was done by mcd on his name thats y he is the owner now. Can anyone please guide : 1as to can my father inlaw evict me on the basis of above points? 2.Property has to be self-acquired for evicting daughter inlaw or not?? 3.For How long the suit for possession case goes on? 4. Will the court ask for property papers from my father inlaw? Or ancestral property mein mera haq hai rehne ka?


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 5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     28 February 2016

Mam, Your right will be after the death of ur husband ... I mean your husband is also playing smart to help ur father I law get an injunction.... Warm Regards Kapil Chandna Advocate 9899011450

Vijay Raj Mahajan (Advocate)     28 February 2016

 

Under the Protection of the Women from the Domestic Violence Act,2005 you are entitled to seek place of residence from your husband only, the order in this regard cannot be passed against your father in law, Supreme Court judgment in S.R. Batra case this regard is absolutely clear.

Second point is the right of wife of the son on the ancestral property is concerned, the Supreme Court in Rohit Chauhan case had held the undivided property of grandfather as ancestral in nature in which the grandson has share that he can claim, this claim your husband can and not you during his lifetime, if your husband makes Will in this regard where he disinherit you from any share in any property that is his self-acquired or inherited or ancestral in nature after his death, than in such case you will get a big ZERO.

War with husband is good but it will lead any wife in no man area in the end with regard to his properties and with only amount of alimony that too not according to her acceptation.

Anish Thakur 7018812737 (advocate)     28 February 2016

No you dnt have any right over that property however being a ancessotral property your husband has right over that preoprty but but here your husband is not demanding his right over that property and in court only that person can aproach for justice whose right is infringed and in this case your husband has no problem so your father in law is absolute owner.However if you have any children they can claim their right over that property through gaurdian .

shivani (housewife)     29 February 2016

To all the above lawyers one important point is that a property case has been going on in the high court between my father inlaw and his sister.. wherein his sister is asking for a share..also the high court judge has made it clear.that my father inlaw is not the owner of the property.. so now how can he become an owner?, because the plot was not purchased by him..it was bought by my.husband's grandfather and he did not make any will..my husband can't be disowned because my father inlaw is not the owner.. ancestral property mein geandchild ka share automatically hota hai that is why my husband has a share being a grandchild. @ renuka chowdhary..am not being a pain for my inlaws.. my husband is seeking divorce..he doesn't want to give alimony..i just want to save my marriage. I have no other place to live.. can't stay on rent alone because its too unsafe..rather my inlaws are troubling me..anyway thanks for your advice @vijay raj.. batra case is not applicable in my case bcz in batra case property belonged to the motherinlaw but in my case its an ancestral property..and a property case is also going on in high court..mere sasur ne yeh plot purchase nahi kia tha

shivani (housewife)     29 February 2016

To all the above lawyers one important point is that a property case has been going on in the high court between my father inlaw and his sister.. wherein his sister is asking for a share..also the high court judge has made it clear.that my father inlaw is not the owner of the property.. so now how can he become an owner?, because the plot was not purchased by him..it was bought by my.husband's grandfather and he did not make any will..my husband can't be disowned because my father inlaw is not the owner.. ancestral property mein geandchild ka share automatically hota hai that is why my husband has a share being a grandchild. @ renuka chowdhary..am not being a pain for my inlaws.. my husband is seeking divorce..he doesn't want to give alimony..i just want to save my marriage. I have no other place to live.. can't stay on rent alone because its too unsafe..rather my inlaws are troubling me..anyway thanks for your advice @vijay raj.. batra case is not applicable in my case bcz in batra case property belonged to the motherinlaw but in my case its an ancestral property..and a property case is also going on in high court..mere sasur ne yeh plot purchase nahi kia tha

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