• Laws for married women

Hi, my name is juhi. I reside in a family of four mom dad brother and me. Since the past 4-5years inspite of staying in one home, my father hasnt spoken to us, he hates mom and us. He is trying his best to throw us out of our home. He is aged 68 and my mim is almost 61. He has never paid for our education financial needs nothing. My mom worked as a teacher for almost 30 years and ran the home with her expenses.  My father though staying in one house dsnt knw if we have even completed education nor is he bothered about where we wrk. Me and brother aged 25 and 26 are at a marriageable age nd my father takenoff all responsibilites. He is not even interested about our marriage. He just wants to get rid of us. He has been taking help from his selfish nephews to throw us out, here is wat he has done
he has made his nephews the legal onwners of the home.  The has made documents that state that we are staying on rent here and the owners have asked us to vacate but we have refused so he needs legal help to out us out of the home. We dont know wat to do and are heartbroken.  We dont have any other place to go. My so called dad has also made all relatives against us. So we have no one for support. We dont want to leave this plc but fear the worst. Please advise. 
9987838924.
Asked 3 years ago in Property Law from Mumbai, Maharashtra
1. Is the house in which you are living with your family the self purchased property of your father? How has he transferred the ownership of this house to his nephews? Did you or your mother sign as witnesses on any such document by which the ownership has been transferred to them? Does your father have an ancestral property? If he has an ancestral property then you and your brother can claim a share in the same by applying for division to the court. 

2. There is an inescapable legal duty imposed on your father to support you and your mother financially. He cannot throw you out of the house by any means. You or your mother should immediately file a case for maintenance and residence in the house against your father. Without perusing the documents to ascertain the nature of legal rights created by it, it cannot be said with a tinge of certainty as to whether the transfer of property is yet complete. If the transfer is not yet complete then you may even seek a stay order against the transfer of property subject to the legal nature of the house.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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We can simply acquaint you with your legal remedies. Whether or not she has to file for divorce can be decided by only her, albeit she has the right in the given circumstances to seek divorce.  

As I mentioned in my first reply, you and/or your mother can seek an order of residence from the court. Such an order will enable you to live in the house without being thrown out by your father.  In addition to this, either or both of you can file a case for maintenance against him. The court can order him to support you financially by way of payment of a fixed amount every month.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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It seems that the ownership of the house has been/is intended to be transferred in order to pre-empt any legal action taken by you. Without any further delay meet a local lawyer and file a case for protection and maintenance against your father, lest you lose all your rights to stay in this house.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
You need to go the court as only a court of law can protect your rights. Police cannot lend any assistance to you in a case like this. 

Hope your query has been answered.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Hi, better file maintenance application under section 125 of the Code of Criminal Procedure through your mother and make sure in whose name the house is stand for and if it is in the name of your father pls file a petition under domestic violence act for protection order for residence.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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your mother needs to file complaint under DV Act . she can claim maintenance and right to stay in matrimonial home . if house is still standing in name of your father you can obtain injunction restraining him from creating third party rights .your mother can seek protection order from court against your father . 

 you need to be clear about ownership of house .you can cross check with the society wherein you have flat . your mother can meet the secretary of society . society generally maintains a record of all transactions done in respect of each flat in society . all transfer have to be approved by society .
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
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if your husband  was absolute owner of the house he could execute gift deed in his  nephew favour . it appears flat has already been transferred in name of nephew by the society .  your mother  can seek maintenance from her  husband . your mother  can  seek alternative accommodation .
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
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i have advised . you have to file DV case . it is duty of your father to provide you alternative accommodation . it is doubtful whether you will get right to stay in your nephew flat . you can refuse to vacate . let hiim file suit for eviction . it will take years
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
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thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0

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