Legal Question in Family Law in India
I filed a Dowry harassemet case against my in-laws followed by a Domestic Violence case asking for maintenance.
The house I was living in belonged to my mother-in-law but it seems the boy is paying the installements of the flat to the DDA from his bank account and NOT my mother-in-law.
Q1.) Can I claim any rights in that property
Q2.) Can my in-laws sell the house and what can I do to prevent that
4 Answers from Attorneys
The law laid down in Batra versus Batra by the Supreme Court you may not be able to claim even the right of residence in the said house since it is in the name of your mother in law. Husband making the payment would not make any difference because of Prohibition of Benami Transactions Act.
in case you have stayed in the shared household after your marriage and that house happens to be in your mother in law s name, even then you can claim the right to residence. you cannot claim any share of property even if the same belonged to your husband, in case the property is acquired by himself. you may claim residence simpliciter and its upto the magistrate would not allow you to claim the restraint order against your mother in law from selling the house.
Yes you can get the shelter in the same house under DVA act and attach the property for your maintenance.
Your further clarification is welcome at nominal fee at;
Advocate
PB. & HRY. HIGH COURT CHANDIGARH (INDIA)
With Regards
You may have no share in the property.
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