Legal Question in Family Law in India

My daughter's father in law has been threatening his son and my daughter (he is married again after his first wife's death 10 years ago and the second one is childless, aged, materialistic and cunning) that he will not give anything to these newly weds and asking them to go out of the house. This plot was purchased after sale of their family house in which his 3 brothers and one sister was residing till last 10 years. He bought this plot and built house thereon. After his first wife's death, 8 years ago he remarried.

How can i proceed to prove that this is not his self earned property. Kindly advise.

regards,

ashok k rao

bangalore

Asked on 10/17/13, 7:14 am

1 Answer from Attorneys

Santosh Goswami,Advocate sure shot legal

Family property does not make the scene clear. If that family property was an ancestral property and the same was sold to buy a new one, his son would be entitled to a share in that property and the father can't oust him from the house and that property will be liable to be partitioned. Secondly, even if it were a self acquired property the daughter in law has to residential right in that property.

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Answered on 10/17/13, 10:45 pm


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