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Husband left father in law died can I sell father in law's property


19-Jul-2023 (In Family Law)
i have married in 2011 after my marriage within 16 days my husband left me here with his mother and flew to Canada and never came back to India. Last year Feb 2015 my mother -in law also went to Canada now they are asking me to go back to my house my husband sent me a divorce notice all these 5 year he never ever sent me any single penny. I'm staying in my father-in-law's house who's no more (dead)I have done all the legal procedures but there is no use just i'm wasting my time roaming around court and police station. I just want to know whether it's possible to sell my father-in-law's.
Answers (3)

Answer #1
797 votes
Hi
Need to know what cases you have filed against your husband.
since you are the wife, you are eligible to get the full share of your husband's property.
you cannot sell the property arbitrarily, but can ask the courts to attach the property in lieu of maintenance and alimony.
also since you are residing in the property, you are in possession of the property and your husband or your MIL cannot sell the property as long as you are residing in the property.
You should ask the courts to attach the property in lieu of your maintenance.
Answer #2
521 votes
You can certainly have a share in the property. Though the divoce notice has been sent, the divorce is not complete until the matter is adjudged by competent court. We have to know whether u are having any children. What cases are filed so far in respect of property and from there we can follow up to deliver your share.
Answer #3
673 votes
HI,
no you can not sell your father-in-law's property.
under DVC you will get the residential order from the court, and moreover you can get the order from the
court to attach the property if he is not paying anything to you.
you can ask permanent alimony in divorce case.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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