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Widow property rights. Inlaws want to kick me and my son out
12-Aug-2023 (In Property Law)
My husband died without a will. We have a 13 year old son as well.
The house I live in has 2 floors. Ground floor is occupied by my inlaws and we live on 1st floor.
My inlaws always hated me cos I never bought enough dowry. Now after my husband died and they want myself and my son to be kicked out of the house and are looking to sell the house.
My inlaws have 2 daughters who are alive and all are married but they are also supporting my inlaws to kick us out so they get the money from the sale of the house.
What are my rights. Please help me as I am really depressed and need help.
Thank you
Is the in law's property ancestral or self acquired? In case of the former, you are entitled equal share in the same and can proceed towards filing of a suit for partition and permanent injunction. Further and better particulars are needed for an effective opinion.
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Adv. Tushar Kumar
Delhi | 200+ Answers
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Could you please let us know whether it is a self acquired property of your in laws or an ancestral property. In case it is an ancestral property you will entitled to have an equal share as other legal heirs. For further consultancy and legal services you may contact us.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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Your rights as requested are as follows:
1. As the widow you are included in the Class 1 heirs of Section 8 of Hindu Succession Act. Your children are also included as class 1 heirs. Both are entitled to inherit all property of the deceased excluding all other heirs.
2. You may also file a criminal case under 498A IPC if you being subjected to cruelty and harassment by your in laws.
3. Rest assured you cannot be evicted out of your residence without due process of law. If anyone tries to evict you forcefully you may approach the police right away.
1. As the widow you are included in the Class 1 heirs of Section 8 of Hindu Succession Act. Your children are also included as class 1 heirs. Both are entitled to inherit all property of the deceased excluding all other heirs.
2. You may also file a criminal case under 498A IPC if you being subjected to cruelty and harassment by your in laws.
3. Rest assured you cannot be evicted out of your residence without due process of law. If anyone tries to evict you forcefully you may approach the police right away.
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hello client in ghis matter
you have to file an immidiate case of intrim injuction in high court.
as well as you have to file a suit for partation in the appropiate court you can file it for having a atleasta properry to live.
you have to file an immidiate case of intrim injuction in high court.
as well as you have to file a suit for partation in the appropiate court you can file it for having a atleasta properry to live.
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Adv. Vishwanath Pratap Singh
Delhi | 500+ 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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