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Sanjubaba Rao (Senior Technical support specialist )     14 January 2015

Need this information very desprate

Can ANYONE please provide information about what is the amount of rights that a wife has on a husband's fathers property. Also does a minor child have rights on grandfathers property,,,,,ANY ONE please clarify...

Also wife threatens to commit suicide and also states that her parents and relatives have suggested that it is better if she did it when she was in my house so that me and my father can be punished despite of the fact that we always treated her with respect and the place a wife and daughterinlaw  deserves, I have brought this to the notice of her parents and they just wont do anything about it..........What should I do to get her out my house and i dont want anyone to die neither me nor her all i want is a separated life for both of us....Please help me.......



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 5 Replies

Jayashree Hariharan (Advocate)     14 January 2015

s if it is an ancestral property. 

legally there is no way you can get her out of her marital home. 

if she is threatening suicide you can intimate the police beforehand by filing complaint since later you may have to face the consequences if she actually does that.

 

Sanjubaba Rao (Senior Technical support specialist )     16 January 2015

No the property is my fathers self earned and mother is no longer alive, and also my question to jayashree is that if try to file a complaint with the police then they will call for questioning and then and there she will file a false 498, what should i do , about getting her out of my house i want to do so because she not letting me or my 68 years old father to lead a life with peace of mind, and i also read about getting a injection order stating that neither me nor my wife is to stay at my fathers house as it hampering his peaceful living can it be done ,and mr gangadhar gowda can u please tell me which city and state are u from so that i can visit u personally to discus further.

Jayashree Hariharan (Advocate)     16 January 2015

if it is self acquired, then tell ur father to write  a gift deed or something like that. do you have siblings? if so, in their name, because I presume from your writing that you dont want your wife to have a share in the property. if it is self acquired till your passes away only he has absolute rights. Maybe she is asking for partition, that depends entirely on your father to whom and when he wants to give.

you have a valid point on 498A. Do you have any men's association in your place? they may be able to raise voice for you. 

 

i once again repeat you cannot tell your wife to get out of her marital home. To get injunction, you have to have proof. since how many years are you staying with your father? you voluntarily leave your father's house and go away, and simultaneously tell your father to make a gift deed or sell (whichever you feel better) to someone, without your wife's knowledge. i guess that would somewhat sort out the problem.

 

Jayashree Hariharan (Advocate)     16 January 2015

dont tell her in the beginning itself that you will be shifting from father's house, there are chances of so many problems. find a house, fix it, and just before shifting tell her and be with her throughout that period. dont let her alone.

 

if any other lawyer has better suggestions, please follow that.

Sanjubaba Rao (Senior Technical support specialist )     20 January 2015

Mrs Jayshree thank you very much for that response, My problem is very simple my wife is openly telling that she wants 50% of the property and if we give her that share she would take divorce and leave us, she also said that since we both have a daughter who is now 3 years old she is entitled for 50% share in the property is that true and correct,

2) second thing is that she has also threatened to file false compliant that she would also lodge a compliant that my father was looking at her with bad intentions in my absence, this not at-all true because he 68 years and old has a problem of prostate cancer, and she also has told that she would only avoid all this if we give the 50% of the property,What should i do.

3) What are the main thing i can collect to prove that there was no dowry in-volved in this marriage.


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