Family Property after divorce Family Property after divorce

My mother and father seprated 10 years ago. The case was settled unilaterally because my father was not having any objection. In documents there is no mention of me. My father doesn't live in our village (home) and even after divorce my mother and me both living in a paternal house. The home is made on land of my father but neither we nor my father has the documents of home. Now my father and his family want to vacate this home and they are filling a case against both of us. Actually this house was also made by my mother because my father never lived here. Now he has taken surprise entry and with my uncles and aunts he is trying to evict us from here. Is there any remedy for me? As I am as much a child of my father also as much I am of my mother.

Adv. Anushka Dikshit

Responded 2 years ago

A.I need more information
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Devesh Tripathi

Responded 2 years ago

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A.Your mother has right in property as u have not mentioned about maintenance or one time alimony at the same time bring son/daughter of your father u have right I n property , nobody can deprive u from ur share. U can bring stay as well as partition suit on property
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Anik

Responded 2 years ago

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A.Hi,
A married woman has to be provided with shelter and maintenance by husband after the divorce. If she is a member of a joint family then she will be entitled to equal share of the husband, jointly with his mother and her children(after his death).
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
After divorce, Wife's share in property would be 50% in all her husband’s residential properties, no matter what and in other properties, her share will be decided as per the court decision.”
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Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.seperated means divorce and in divorce papers your name is not mentioned ?
In contested divorce it can not happen. in mutual, it is foolish not to mention property and child.

Since you are living there for 10 years and enjoying possession then keep it like that.
let your father challenge your possession.

There are ways to handle it but that needs lawyer.


Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield)
Note - This is just a small advice and final advice can be given only after going through your case in detail .
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