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rahul sharma (software developer)     11 September 2012

Window being harassed

Dear Friend,

      I need your precious advice. Near my residence there is a widow living with her 2 kids one daughter and one son they both are minor and that widow lady is an innocent lady and she is working and staying at his father in law house at first floor... Now the situation is this that there father in law has self acquired house and  wants to throw her out from it 

.. so any law or act that widow can live there as long as she is window or any judgement please give sugession 



 10 Replies

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

Though she or the children have no interest in the property as in ownership during the lifetime of father in law. However it still is the matrimonial home of the widow, and she can seek to get residence orders. She can fiel a DV Act complaint against her father in law and seek protection from wrongful eviction from the shared household/matrimonial home.

 

Adv. Bharat Chugh

*Supreme Court of India

rahul sharma (software developer)     11 September 2012

But Sir,

  Thanks for your  reply sir but she feels that she is too weak or innocent to file DV Cases .... but any other sugession in civil mater

Ranee....... (NA)     11 September 2012

Rahul, I appreciate your concern for a lady in distress ..thanks 

Rahul Kapoor (Legal Enthusiast)     19 September 2012

hello 

their children are coparcener and they have interest in ancestory property. 

rahul sharma (software developer)     19 September 2012

But the property is self owned by  grandfather and the grandfather will give his property to his daughter not that aunty kids

Prashant Ghai (Advocate) (PrashantGhai.com)     19 September 2012

Originally posted by : rahul sharma

But Sir,

  Thanks for your  reply sir but she feels that she is too weak or innocent to file DV Cases .... but any other sugession in civil mater

Well if she wants a roof on her head, she must do so or find an alternate place to live. It isn't difficult, just ask her to get in touch with a good advocate and she should get a restraining order without much difficulty.

Adv. Chandrasekhar (Advocate)     20 September 2012

She can get relief under DV Act as suggested by Adv. Bharat Chugh or under HAMA Act (Hindu Adoption and Maintenance Act).  But for that she has to put her step outside her house and visit court.  there is a saying that God helps only to those who help themselves.

Rahul Kapoor (Legal Enthusiast)     20 September 2012

if they r hindu then her son has right in ancestral property .

she can file a case under 498a IPC at police station oe women cell then state will fight her case..

rahul sharma (software developer)     20 September 2012

Thanks all of you i have givern her the print out off all your comments and she was really gratefull to all of you,......


(Guest)

wow what a heading ....who is harrassing WINDOW ?? ha ha ha 


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