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Wife has illegal posession of Parental property


13-Apr-2023 (In Property Law)
I am going through a marital dispute and my wife has taken illegal possession of my parental house and is not vacating it. She is asking for a huge amount is exchange for vacating the property. My parents have expired but the property was gifted to my sister-in-law by my mother. We tried to get her ousted through 12-6 application but that was dismissed by sessions court. There is one issue with our suit, we started on the wrong foot by serving here a notice as a tenant. I can explain more when we talk.
Answers (5)

Answer #1
891 votes
hello client as i can see your issue is sèems to be a great harrasment in view of the senior citizens act in this matter we can help you for sure as you said tht you have takem wrong steps it not at all right to show wrong things to court. so in my view we can help you but true to the court.
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Answer #2
567 votes
You can take legal action of getting the property vacated it may take some time but law has it’s remedy and thus you can contact me with further information and we can proceed accordingly as per legal process
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Answer #3
995 votes
You shouldn’t have taken the plea of tenant, rather she is a licensee there ! U should have simply file the suit for possession & damages ….Anyways kindly b in touch with us asap if u r seeking expert advice on it …thanks
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Answer #4
855 votes
Wives have right to residence in the property where she resided with her husband during the course of marriage. Matrimonial home is one thing not to be confused in this case. This is a bit tricky situation. You need to redraw your entire strategy and undo the previous. A change in gaurd will do miracle in your case.
Thanks
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Answer #5
906 votes
Hi

Would like to ask few more questions. Why was it gifted to your sister in law? You wife has no right on your parental property.
Would like to see the notice and also why was it advised to send a notice as tenant.
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