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Sandeep (firm)     28 June 2014

Widow being asked to evict hosue

A women married into a rich family became widow in 2010 after her husband died due to some ailment. She is in thirties and has 2 kids (approx. 10). Soon after death of her husband, her father-in-law (FIL) evicted her out of the house. House is owned by FIL and him alongwith his three married sons lives in that house. She filed a court case for maintenance and part of share owned by her husband in lands/firms. Later FIL brought that woman back into his house and entered into agreement with condition of withdrawal of court cases after payment of some lumpsum amount. In the meantime FIL fraudulently took signature of woman for transaction/sale of firms/land owned by her husband and either sold these assets or got them transferred into his/his other son's name. But till now even as a part of agreement nothing has been paid to her nor FIL has made any efforts to provide her any regular source of income so that she can maintain herself as well as her two kids. Now whenever she asks for entitled share or agreed amount as per agreement, she is asked to evict the house. With no income or any assets she has no other place to live. Pls advise what are her rights and how should she proceed.


 2 Replies

Adv. Chandrasekhar (Advocate)     28 June 2014

She should not have entered into any private agreement.  Now, she can approach the court under D.V. Act for residential rights and maintenance and protection rights at the first instance.  Once she gets the orders in her favour, then move the civil court for possession of her husband's properties.  It shall be noted her rights through her husband  in respect of properties flow only if the properties are ancestral.  In respect of the properties acquired by her husband, she and her children have got equal rights.  If her mother-in-law survives, she also has got equal share.  If she demised the entire property shall be shared equally by the widow and her children.  Contact a good advocate and help her to get her rights.

1 Like

Adv k . mahesh (advocate)     28 June 2014

first meet a local lawyer and discuss with him about maintenance and harassment  being going on with your and about the signed papers 

you can claim maintennace from your father in law and about the property if your husband owned anything trough out his life time you are elgible and in your father in law property your kids have right 

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