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Indian Law/Property rights


I am a christian widow.  I am living with my m-in-law for the past 15 years as a joint family.  This house was built by her and registered in her name.  Now my husband and f-in-law both are expired.  My husband has got 2 sisters who are married.  Will my children get any share in the house?  My m-in-law is asking me to go out of the house? Please give me legal advice

Dear Annie,

Your concern whether you are entitled to stay in the house belonging to your mother in law or not in the circumstances that your husband and father in law have since died and that your mother in law has two sisters.

The house that you are presently staying is in the name of your mother in law and built by her. The share in the mothers'property will be inherited after your mother in law and during her life time, she continues to enjoy the property.  In the present situation, you can seek an injunction against your mother in law not to interfere with your occupation of the house in the absence of your husband.

Your are though entitled to your husbands'share in the property of your mother in law, which can also be claimed by you only after her death. Since you have consistent problem, you may, on advice, approach the competent court for partition of your husbands'share, which in my opinion, will be premature, but will give you some relief and you can obtain a stay on alienation of the property by your mother in law or transfer by any mode as she has two daughters who she may transfer the property.

Consult a good lawyer on civil side will be best able to guide you in your issue.

All the best
Javed Razack

Indian Law

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Javed Razack


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