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Husband passed away. Can i or my son ask for property from my in laws?


25-Jan-2023 (In Divorce Law)

I lost my husband 1.5 years back and have a 10year old son. My inlaws had taken all properties and jewellery in their possession and they moved to their native place this month and left me in a rented place.

 

My father-in-law (ex - army ret as col.) specially called up our landlord and disowned me, and asked them to collect the rent from me. I work in a school in Gurgaon as Admin executive. I do not have enough resources to sustain my life. I need immediate assistance and legal help .

Answers (1)

Answer #1
366 votes

To provide you with the correct advice, we need to know the details of the properties in question. Are these self acquired properties of your husband or are these ancestral properties that were inherited by your late husband?

If the properties in question are self acquired properties by your late husband, then you become the owner of these properties after his demise. If these are ancestral properties, your son gets his right in these properties by birth. In either of the cases, you cannot be evicted from these properties in an unlawful manner.

Considering the circumstances mentioned by you, you can file a case under Section 498 A IPC and 406 IPC in addition to the Domestic Violence against Women Act.

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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