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Jagroop Singh (HR)     20 December 2014

How to disown to save your parents from misuse of laws

Respected experts,


My query is

1) Can wife claim anything from self-acquired property of father in law under any existing or proposed laws (like IrBM), if father disowns his son from all moveable and immoveable property.

2) Can disowning also help old age parents save themselves from false allegations and false police complaints of their daughter in law

3) What is the procedure of Disowning for above stated purposes

Your replies would be a great help and would also answer many similar queries going on in minds of aggrieved husbands being harassed by troublesome wives who do not think twice to misuse laws to harass their inlaws for their own ego and benefits.

Regards

JAGROOP SINGH



Learning

 3 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     20 December 2014

Wife has no right to claim in-laws property.

in-laws are not liable to maintain her.

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Jagroop Singh (HR)     27 December 2014

Thanks Rocky Smith for your valuable advice

swati (hhhhhh)     05 February 2015

Hello Jagroop,
 
 
You haven't mentioned the type of the case you are wife has filed on you. I am assuming it is a DV case. 
 
 
Anything which is self-acquired by parents, wife cannot claim anything but whatever is jointly owned between you and your parents or ancestral property she can claim under right to residence. Again to be very specific this is just a right to reside not right to own. 
 
 
 
See this 2 judgements. 
 
 
 
 
 1)    Madras High Court - P.Babu Venkatesh vs Rani on 25 March, 2008
Husband sold property to Mother after the dispute arose between himself and his wife. The learned Judicial Magistrate No.6, Salem passed the residence order in favor of the wife with respect to this property. The Madras High Court upheld the order passed by the learned Judicial Magistrate No.6, Salem in  Crl.M.P. No.5231 of 2007 dated 31.12.2007.
 
 
2)    Delhi High Court - Preeti Satija vs Raj Kumari And Anr. on 15 January, 2014
Often, sons move out, or transfer properties or ownership rights, or shares in immovable properties, at the hint of trouble or discord with their wives, in favour of their relatives. Likewise, the parents of the husband often in such cases "disown" them after the son moves out from the common or "joint" premises owned by either or both his parents, when there is outbreak of marital discord. Courts have to be cautious in their approach, while entertaining and short circuiting suits for possession, which are in effect directed against the plaintiffs' daughter-in law, or else the right of residence in shared households would be a mere chimera, a teasing illusion which the law grandly promises, but is seldom, if ever, able to enforce.
 
 
Thanks
Swati

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