Legal Question in Family Law in India

Right of sister in law in residential & agricultural property

My sister-in-law is a divorced lady .She came to stay with us after her divorce . She subsequently picked up a job and left on her transfer. On her transfer back to the city she came to live with us again . She said she would move into her flat which was under construction but she sold that & then said that she would move to the farm close to her work place but she sold that too and has bought alternate property . Now she has changed jobs & is refusing to leave saying she is 1/2 owner and has been living here since birth. She has never spent any of her own money on the house nor has paid for living here throughout and there are no utility connections also in her name . She is also demanding 1/2 share in agriculture land in Himachal and Haryana. The house in which we live is in Delhi and was inherited by my father in law in 1951 and he passed away in 1999 without a will. He left one son (my husband) and my sister in law . I have one son and two daughters .We need more space as my children are growing up & we will need more space as marriage comes up . Can we ask her to leave our residence legally and what are her rights vis a vis both properties (residence and agricultral)


Asked on 10/11/07, 3:57 am

7 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Right of sister in law in residential & agricultural property

Your details and papers needs to be examined to formulate an advice for you.

Please contact alongwith the details.

Professional charges are applicable.

Thanks

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Answered on 10/11/07, 8:17 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Right of sister in law in residential & agricultural property

She is entitled of half share in the entire property left by her father. the property in the hands of your father-in-law was also ancestral. therefore, he was not even entitled to make a will regrding this property. better you amicably settle the matter and give her the half share which is her legal right.

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Answered on 10/11/07, 9:32 am
Amit Shukla AS and Associates Legal Services

Re: Right of sister in law in residential & agricultural property

Please contact personally for advice.

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Answered on 10/12/07, 2:57 pm

Re: Right of sister in law in residential & agricultural property

Yes,she is entitled to equal share i.e.1/2 of all properties,so settle the dispute amicably and get the property partitioned.

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Answered on 10/11/07, 11:46 am
Nandita Haldipur Haldipur Associates

Re: Right of sister in law in residential & agricultural property

she can claim share in her father's property but need to see all teh papers for futher advice

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Answered on 12/12/07, 2:46 am
Prabhat Shroff Shroff & Company

Re: Right of sister in law in residential & agricultural property

From the facts stated by you, it appears that she does have certain rights over the properties inherited and left behind by your father in law. However, I required to go into more details to be able to give you a succint reply and advise.

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Answered on 10/13/07, 3:13 am
G. M. Gupta gmguptaandassociates

Re: Right of sister in law in residential & agricultural property

see she is entitled for the right but u can claim what u have done for her and u can pressurise her.

solutions can be found but there is not much scope

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Answered on 10/15/07, 2:35 pm


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