Legal Question in Real Estate Law in India

There is this woman who is living in a house that is owned by her mother-in-law. Her husband disappeared and her children do not live with her anymore. Now her mother-in-law wants to put her out of the house. I would like to find a law that can protect this woman, if there is any. Where should I search?

Asked on 5/07/13, 1:53 am

3 Answers from Attorneys

shiv shakner saini saini law

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Answered on 5/07/13, 1:57 am
Vishwa Arya Arya & Co.

There are conflicting view points of courts of different states. Under the Domestic Violence Act she has a right of residence in a house belonging to her husband or in which her husband has a share. Here, in this case, house belongs to mother in law. However, some courts have extended the shared household to mean to include matrimonial home. That is your only chance to help her.

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Answered on 5/07/13, 2:28 am
Jayesh Desai Jayesh Desai

She can seek maintenance from her children, she may not be able to fight against her Mother-in-law, there are conflicting judgements on this.

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Answered on 5/11/13, 5:02 pm


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