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Sushil Sharma (Advocate)     11 March 2012

Need help

i want to know ...... can a widow daughter in law along with her minor daughter claim any type of injunction over the self aquired property of father in law, in which she was reside from the last 20 years.



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 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 March 2012

No though as inequitable as it sounds, she cannot, A widowed DIL has the right to recieve maintenance (which obviously includes residence as per the HAMA, 1956) from her FIL only if - the FIL is recieveing income from HUF property out of which no share by her husband, and otherwise DIL is unable to procure maintenance from her other relatives.

Please however do check up Domestic Violence Act, for any residence order w.r.t matrimonial homes.

adv. rajeev ( rajoo ) (practicing advocate)     11 March 2012

you can take an injunction order against FIL as not to disposses illegally without following the due process of law.

Arvind Singh Chauhan (advocate)     11 March 2012

Mr. Chug has elaborately and perfectly suggested the proper ways. In Dv Act also widow can seek injunction order.


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