Legal Question in Family Law in India

My Father purchsed a property along with his two Brothers ascopartners having 1/3 share each.My father expird in 1975 leaving a Regd. Will divided his 1/3 share among his 5 sons including me in eqully.

1. Is this property which I got through WILL is my Self Accuired Property.

My second question is as under:

Few days back Punjab And Haryana High Court gave a Judgement in favour of Retd, Justice Shanti Sarup Dewan and others - Appellants.

In a significant judgment, the Punjab and Haryana High Court has made it clear that an elderly couple seeking the enforcement of their rights do not have to knock on the doors of the civil courts, where life often comes to an end before the culmination of proceedings.

Interpreting the provisions of the �Maintenance & Welfare of Parents & Senior Citizens Act, 2007�, the Division Bench of Chief Justice Sanjay Kishan Kaul and Justice Augustine George Masih also made it clear that in case of a property dispute, the parents would remain in the house, while the children would have to move out. They, in turn, can move the civil court, but will not be entitled to interim relief.

�The right of exclusive possession of a self-owned property by a registered document of title can well be enforced under the provisions of the Act by issuing appropriate directions in exercise of jurisdiction under Article 226 of the Constitution of India,� the Bench has asserted.

Now my Question is being a Senior citizen How I can get benifittedfrom above Judgement

As my son is not living with me he is in service and posted out of Town,but his Wife is staying with us and her behaviour with us is not normal and she is working womenn salary arround 40,000.00@ month.

Soplease let me know how we can take advantage of the above judgement


Asked on 10/13/13, 2:33 am

1 Answer from Attorneys

Santosh Goswami,Advocate sure shot legal

Answer of first part is yes. Second part: As per the judgement, you may prefer a Writ petition under 226 in High Court seeking a direction to your wife to move out from the house.

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Answered on 10/13/13, 9:03 pm


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