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anil kumar (law student, ex IPS)     20 April 2011

rights of a widow over property owed by father in law

My friend is a widow whose husband died 5 years ago. She did not have any issue out of the marriage. Her in laws after her husbands death tried to evict her forcibly from her house which is on the first floor of the bunglow which belongs to her father in law. She had been residing with her late husband in that first floor for 10 years. She put up a petition of status quo in the court and a stay was granted in her favour.

What right does she have on the said property after the death of her husband? She has no source of income and is dependent on her siblings for survival. In case she marries does she lose the right of possession on the property which she has been occupying for the last 14 years?

In case she shifts to another city temporarily to earn her livelihood does she lose the right of possession on the said property?



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 1 Replies

niranjan (civil practice)     20 April 2011

If the property of father in law is his self acquired property then widow has no right.Father in law cannot evict her from that house so long she remains widow. If she remarrys she will loose her all rights.If father in law takes law in his hand she can file complaint under domestic violance act.She can also ask for maintenance from her father in law.

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