Dear Experts,
am staying in my matrimonial home....dv act is pending.... but my in-laws still want me to leave my matrimonial home......
under what circumstances can the husband/in-laws evict me from my matrimonial home ?????
Msk-need -nuetral- laws (self) 01 March 2013
If mentioned property is in your in-laws name and if your husband moves out of the home, you loose residential rights as matrimonial home. Also parents would have disowned their son.
sir actually its a disputed property......a property case has been going on that property..........my husband's bua has aked for a share in that property....my father in-law says that the property is on his name......but my hubby's bua says that its an ancestral property so she wants a share......so i think my father in-law doesn't have an individual title on this property..........
so now can you please tell can my husband/in laws evict me legally ?????? and yes my husband pretends that he is staying on rent........but i believe he is in the same house and hiding somewhere in the house itself
Msk-need -nuetral- laws (self) 01 March 2013
Yes, even if it is ancestal property , as per law you dont have right unless it is in your husband name.
You cant even attach the property in DV or in maintenance cases.
Msk-need -nuetral- laws (self) 01 March 2013
Hi Shalini,
You have no rights to stay once our inlaws or inheritence of the property files injecion order provided your husband stays out of that home. As long as your husband stays there, you have the right. If he is disowned, you dont have right. Why I added those two lines, some people may suggest that wrongly.
regards
Originally posted by : shalini | ||
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am not asking for any share in that property.......nor the attachment........... i just want a right of staying there till the time divorce case is pending...........can i get a right of staying there ?? |
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Bua aur father in law se na thodi shaadi ki aapne..
Mean to say, you are married to your husband, if husband staying with his parents, you can stay along with him in his parents house.
If he is not staying there, you cannot stay there and no court will make you stay in in-laws place !
Find some other place to go, better go in search of your husband or go back to your mommy's house !
Ranee....... (NA) 01 March 2013
The right remains if property is ancestral.
Shumita Didi Sandhu vs Sanjay Singh Sandhu & Others on 26 October, 2010