Does husband and his mother have share in step father inlaws property?


My husband's step father is asking us to leave his home and used to beat my husband and his mother quite often till some time back. 2nd marrige was done by my mother in law after her 1st husband's death 17 years ago. Her 2nd husband adopted my husband at that time. But after our marriage he is telling us to leave his house.

I want legal action taken against the man so that he should provide home and property to my husband and his mother. Please help.

Answers (1)


420 votes

With respect to your mother-in-law: 

She can file a criminal complaint against your father-in-law for mental as well as physical cruelty under Section 498A of the Indian Penal Code or Protection of Women Against Domestic Violence Act in the Crime Against Women Cell.

Thereafter, Secondly, with respect to maintenance, your mother-in-law can claim relief under Protection of Women against Domestic Violence Act or under Section 125 of the Code of Criminal Procedure. She can seek maintenance under any of the two legislations.

Moreover, she can even seek interim maintenance till the time her petition for maintenance is finally adjudicated. Section 125 of the Criminal Procedure Code provides for monthly maintenance to wives (irrespective of their religion) from their husband if they have no source of income or mean to maintain themselves.

She can even enforce her right to residence against him under the Protection of women from domestic violence Act, 2005.

With respect to your husband: 

If your father-in-laws property is a self acquired property then you or your husband cannot claim any share in the same during his lifetime. However if the same is ancestral property then your husband has a claim in the property and can file a suit for partition.

Your husband can also register a criminal complaint of assault and voluntarily causing hurt or grievous hurt (as per your case) in the nearest Police Station.


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