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Property right of wife after husband files for divorce
11-Sep-2023 (In Property Law)
I am currently residing in my matrimonial home along with my two adult daughters but my husband has now filed for divorce under Hindu Marriage Act. The matrimonial home is my father-in-law's self acquired property which passed to my husband and mother-in-law after my father-in-law passed away intestate. My mother-in-law relinquished her right so that my husband is the sole owner of the entire property now. I fear that my husband will throw me and my daughters out of the house or sell it without our knowledge. Is there any way to legally prevent this and if he sells the house secretly will we have to leave the house?
you can immediately file a suit for staying the sale of the house which you fear your husband may secretly sell off. your husband cannot legally throw you and your children out of the house. however if he does, you will need to proceed against him legally.
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Adv. Kawaljit Singh Bhatia
Delhi | 25+ Answers
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Is the divorce which has been filed contested in nature? Is the share relinquished by way of a relinquishment deed? In absence of a will of your father in law, you also automatically get entitled to a share in the property. Further and better particulars are needed for an effective opinion.
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Adv. Tushar Kumar
Delhi | 200+ Answers
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