Can husband evict undivorced wife and adlult daughters from his ancetral home?
2 years ago
My friend's father wants to evict his un-divorced wife and his adult daughters from his ancestral property in Nagpur. He(F) regularly drinks and also physically abuses wife and verbally abuses daughters. He also wants to cut electric power to the property. He wants to separate from wife but move away to another city with daughters. All the women want to live together on the same property. Following are few questions :
a. What is legal remedy available to wife ?
b. Can she claim property/alimony in case of divorce?
c. The adult daughters are 25+ but unmarried. Can they claim property rights , money support from their father ?
d. If the father wants to sell the property, can the process legally be stopped ? How ?
A.Hello Sir/Ma'am
1. The legal remedy available against such actions of the man is to file a complaint against the person in the police anf file a case for cruelty and Domestic Violence.
2. The wife could cliam maintenance, both for her and her daughter and the man would be liable to pay the same. Also the court could order him to provide residence for them as well.
3. After yhe 2005 amendment in the Hindu Succession Act, daughters have equal share in the ancestral property and she could claim that as well.
4. Yes the process of selling the ancestral property could be stopped. Children permission is required to sell the ancestral property and the daughter could not provide the same in order to stop his father from selling the property.
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1. The legal remedy available against such actions of the man is to file a complaint against the person in the police anf file a case for cruelty and Domestic Violence.
2. The wife could cliam maintenance, both for her and her daughter and the man would be liable to pay the same. Also the court could order him to provide residence for them as well.
3. After yhe 2005 amendment in the Hindu Succession Act, daughters have equal share in the ancestral property and she could claim that as well.
4. Yes the process of selling the ancestral property could be stopped. Children permission is required to sell the ancestral property and the daughter could not provide the same in order to stop his father from selling the property.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello Sir/Ma'am
The wife could file a case against the husband for cruelty and domestic violence under IPC. Also he cannot evict his un divorced wife and daughter and also the daughter has share in ancestral property. The daughter could claim share in the ancestral property of his father.
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The wife could file a case against the husband for cruelty and domestic violence under IPC. Also he cannot evict his un divorced wife and daughter and also the daughter has share in ancestral property. The daughter could claim share in the ancestral property of his father.
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Sidhaarth
Responded 2 years ago
A.No, your father cannot evict his un divorced wife in any eventuality. It us the matrimonial house of your mother and she has every right to live in her matrimonial house. Your father is legally bound even after divorce also to provide maintenance and independent residence to his wife if his wife does not have access ndeoendent sufficient income and place of residence. You mother can claim maintenance and residence under domestic violence Act, under section 125 cr.p.c. abd under section 24 & 25 Hindu marriage Act. Your mother has ample legal remedies in comparision to your father. Adult daughters if they donot have sufficient independent source of income then they are entitled to claim maintenance, residence and also all marriage expenses. If father attempt to make sale then your mother and daughters can file file suit for permanent and mandatory injunction against fatger restraining him to make sale of property on given grounds.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.If the property remains unpartitioned for last four generations through male lineage then only that property will be considered as ancestral property in the hands of your friend's father and in that case without written consent of his adult children,your friend's father cannot sale that ancestral property. But if that property doesn't qualify the aforesaid criterion,then it is self acquired property and in such case your friend's father can sale it without consent of his adult children.
a) It is necessary on the part of that wife to lodge FIR in police station against that husband on the ground of domestic violence , mental torture and cruelty u/s 498A IPC,1860, as amended up to date, and on proof of such offence, that husband shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
b)In case of divorce that wife is entitled to claim property and alimony.
c)Adult daughters till their marriage are entitled to monetary support from father. If the property is ancestral,then without their written consent the property cannot be sold and after death of father they will inherit the property . If the property is self acquired then daughters can claim their property right only after the death of their father.
d) In case of ancestral property,that can be stopped legally.
a) It is necessary on the part of that wife to lodge FIR in police station against that husband on the ground of domestic violence , mental torture and cruelty u/s 498A IPC,1860, as amended up to date, and on proof of such offence, that husband shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
b)In case of divorce that wife is entitled to claim property and alimony.
c)Adult daughters till their marriage are entitled to monetary support from father. If the property is ancestral,then without their written consent the property cannot be sold and after death of father they will inherit the property . If the property is self acquired then daughters can claim their property right only after the death of their father.
d) In case of ancestral property,that can be stopped legally.
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Madhulika Bhatnagar
Responded 2 years ago
A.a. The wife can file a suit for divorce against the husband on grounds of cruelty. She can also file an FIR for cruelty but husband under section 498A.
Best alternative would be to file a case under Domestic Violence Act and claim both physical and economic violence. Under this Act, she has the right to remain in the matrimonial home and can secure a court order for the same.
b. She can claim maintenance from her husband under s/24 Hindu Marriage Act (if getting a divorce) and under s/125 crpc ( in all other situations).
c. If the daughters are not working then they can also claim maintenance under s/125. They also have property rights as a coparcenor in the ancestral property.
d. If you have apprehension that he may sell the property, you can file a suit for permanent injunction.
Best alternative would be to file a case under Domestic Violence Act and claim both physical and economic violence. Under this Act, she has the right to remain in the matrimonial home and can secure a court order for the same.
b. She can claim maintenance from her husband under s/24 Hindu Marriage Act (if getting a divorce) and under s/125 crpc ( in all other situations).
c. If the daughters are not working then they can also claim maintenance under s/125. They also have property rights as a coparcenor in the ancestral property.
d. If you have apprehension that he may sell the property, you can file a suit for permanent injunction.
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