Advice needed: eviction, DV risk & Will/Trust planning
29-Jan-2026 (In Wills / Trusts Law)
My father purchased a house from his mother through a registered sale deed, so it is his self-acquired property. My wife (daughter-in-law) is staying there and claims she cannot be evicted as I am her husband. There is marital discord and risk of DV/498A cases.
My father intends to execute a registered Will or trust in favour of my minor autistic son (his grandson). My wife is the step-mother of the child. I will be the natural guardian, with my mother/sisters as alternate guardians.
I seek advice on:
Whether my father can legally issue a notice to evict my wife and the safest procedure in Kolkata.
Whether eviction can proceed if DV/498A is filed.
Whether trust is preferable to a simple Will for an autistic child.
After my father’s death, can my wife claim residence in the property willed/trusted to the child.
My right to stay only as guardian, and whether that gives any right to my wife.
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.
Connect with top Wills / Trusts lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
87+ Lawyers are online
