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Sister in law remarried ,staying in my house


04-May-2024 (In Family Law)
Respected Lawyers, My sister in law who was a widow of my only brother has remarried . She is staying with her husband and 2 kids (born to my brother ) in my parents house. The property has not been registered , my parents and my only brother are dead. How can I claim my property and what best can I do because she is not willing to vacate the house and refuses to give the house documents.
Answers (5)

Answer #1
573 votes
The information provided here is not adequate to advise, as your matter involves family issues as well as property-related concerns. We need to look into the documents and other aspects. It's better if you contact us or arrange a meeting to discuss further.
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Advocate Vidya Bhat

Adv. Vidya Bhat

LawRato Udupi | 25+ Answers
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Answer #2
547 votes
okay I understand your questions so your sister inlaw remarried she don't have right to ask property to your brother share only kids have a right so you filed a case for vacate the house and take court order take caxate it under legally so it is best way other wise it is difficult to vacate her so you go through court it is possible to get your property.
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Advocate Bhagya C H

Adv. Bhagya C H

LawRatoBangalore / Bengaluru | 1000+ Answers
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Answer #3
831 votes
as per Hindu law, if the widow wife has re married before succession has opened, then she loses the right, on the other hand if the widow wife remarried after succession has opened then she is entitled for her share.
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Advocate Ashwin Kumar B R

Adv. Ashwin Kumar B R

LawRatoBangalore / Bengaluru | 25+ Answers
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Answer #4
888 votes
Dear Sir, It is your property after remarriage your widow sister-in-law has no rights over property belonging to your family. Immediately approach Police or file  a suit for recovery of possession since her possession is illegal thus you will get the property through the agency of the Court.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRatoBangalore / Bengaluru | 1000+ Answers
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Answer #5
547 votes
1.file the suit for partition, declaration and injunction and to produce the original documents with your sister in law 2.your brother kids and you will get equal partition 3.you and your brother has equal rights on property, the share of your brother goes to kids of your brother
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Advocate Geethanjali Setty

Adv. Geethanjali Setty

LawRatoBangalore / Bengaluru | 200+ Answers
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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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