1) it is not ancestral property 

2) wife has no rights on the said property 

3) you can stay separate in rented accommodation 

4) you can file for divorce on grounds of mental cruelty 

5) you have to prove allegations made in divorce petition 

6) in DV case offer alternative accommodation 

1) An ancestral property is a property acquired by your great grandfather is called ancestral property.  

2) Daughter in law does not have any legal rights over the Properties owned by father in law or in inherited properties of father in law. 

3) you can file divorce on the grounds of cruelty. 

4) Your wife cannot claim any rights to your self-acquired or ancestral property during your life time but your wife can claim a right of residence under the Domestic Violence Act. Moreever, your wife is entitled to alimony (maintenance) from you which maybe made by way of monthly payments or one time payment.

Dear Sir,

It is execlusive property of your father as such she cannot claim any share.  She has right to stay in the matrimonal house and get protection order from removing her matrimonial house. Please see that she is not entered into the house.  It is wise if you rent out the said house and reside in a rented house to avoid such situations.  She may file maintenance case and RCR case.  You may file divorce case against her as proposed and increase deductions in your salary to reduce quantum of interim maintenance that may be awarded to her.

1. This will be self acquired property of the father,

2. She can claim right of residence in same citing it as matrimonial home as after marriage she has stayed there with you,

3. See you can file a case divorce against her on ground of cruelty for that complete fact and circumstances has to be seen of the case.

4. See she will be never owner of the house owned by your father she can just claim residence rights and further your parents can object same.

1. The property owned by your father in his  hands is his self acquired property.

2.  Your wife will not have any rights over your father's self acquired property.

3.  Nothing. You can go ahead and file for divorce.

4.  If your wife comes back to stay with you, you can question her about her filing DV case on you and still wants to live with you.

1. Since it's transferred via Will, it's self acquired.

2. She has no rights in this property. You are lucky as she has moved out of the house/property, if not she could have claimed residential rights. But having said that, she has all the right to stay with you where ever you are residing. Suppose you are residing in this property, then she can very well come and stay there. This doesn't mean you have to move out now itself. Suppose a day comes when she comes back to stay with you, then you can make a separate house and then she cannot say that she wants to stay in this property.

3. Since it's a DV case, it's not very serious. Better go ahead and file a divorce.

4. She will to a greater extent say she doesn't want a divorce. If she wants to come back, as mentioned above make a separate rented house, and stay there till she settles. After that you need not go to that rented house (But you will have to pay the rent). She cannot claim the property, only thing she can claim is residence right to stay where ever you are. If you stay in a rented house, then she will have to stay there itself. And after a while when you stop staying (don't vacate it fully) in that house, even the court cannot ask as why you are not going to home and staying/sleeping with her.

In the mean time when you file for a divorce, you can obviously say that due to mental cruelty you are staying away from her.

Please rate the answer.

No she doesn't have ant share in Property of father in law. She can only have residence rights at the most in her matrimonial house

1. The property received through Will regarded as self acquired property of father.

2. Wife has no right of share in the property pf husband and hence there is no question of share in the property of in laws. Wife has though right of residence in the property of wife.

3. Yes, you can go ahead and file a suit for divorce . There  is no adverse implications out of it.

4. If wife does not want then husband can file a contested suit for divorce and if grounds of cruelty relied upon is proved then the court can gran decree of divorce.

1. Your wife cannot claim any share in your own properties too as a right, hence she cannot even imagine to claim any share out of your father's property, whether it is self acquired or ancestral.

2. She has no rights.

3. If it is no more possible to live with her or continue the marital life with her due to the cruelties you suffered from her hands, you may decide to file a contested divorce case on the grounds of cruelty.

4. She cannot claim any share in the house whether it is matrimonial or otherwise.

Let she not accept the mutual consent divorce, you can file a contested divorce case for which her willingness is not required.

01. Ancestral property as it has come from his father.

02. No, Only you have right on that property.

03. Try all your efforts to live with her then go for finally, if nothing works out. If issues are petty or emotional, give time to heal or cool down. My personnel suggestion is that talk to her.

All the Best

Daughter in law cannot claim in self acquired property of father in law

She only has a right to claim maintenance and right of residence 

She cannot claim any share in the property of the husband or his parents 

If you don't want to continue the marriage, you can go for divorce 

1) since property is standing in yur father name he can seek permanent injunction restraining daughter in law from disturbing his possession of the house 

2) your parents can seek discharge on grounds that there is no shared household . Daughter in law never stayed with them in said house 

3) you are at liberty to go abroad for work purposes 

4) she cannot claim right to stay in house owned by your father 

5) burden of proof is upon wife to prove allegations made in complaint 

6) make an application in DV case calling upon wife to produce her bank statements, income tax returns for last 3 years 

Dear Sir,
My answers are as follows:
1.) How can my father (property owner) object to her residence rights in the said property?
Ans: Your father may take shelter under provisions of Senior Citizens Act and get stay order against her.


2.) The DV case also includes my parents as parties. My parents are Senior Citizen? On what grounds can i seek to get them deleted from this case?

Ans: Challenge the DV case before High Court and get deleted the names of your parents. Your mother is having option as per recent SC judgment to file counter DV case against her daughter in law.

3.) What if i get a job out of India, can she stop me from taking up a job outside India? Wht if i move out of India, can she still claim rights to this matrimonial house which is owned by my father even if iam not staying there?
Ans: Usually last matrimonial house will be considered for her stay. You must play some tricks by renting out or leasing out your parents house and thus solve the problem. Further before she getting any order you may fly to abroad which brings nervousness in her.

4.) She is educated women. She was working before & after the marriage but she intentionally left the job a month before she filed DV case. 95% of the allegations in the DV case are false. Would she have to prove all these allegations during cross examination? Also, how can i make things more difficult for her in this case?

Ans: Your advocate must be very shrewd to cross examine your wife and see that she fell on her kneels due to effective cross examination.

1. He can try to get injunction against her further parents can objecting citing that she harass them.

2. See being senior citizen doesn't give them benifit to get there name deleted from the case. Though they can approach high court for quashing complaint against them.

3. Firstly if cases are filed ans court imposes condition of travel ban you can only travel with permission of court.

Secondly she can claim.the right even you move out.

4. See in the cross have to prove the allegation ans provide evidence of same. See if you engage a good advocate for cross then case can be tackled nicely.

1.  She can claim residence rights only ion her matrimonial home or the place where her husband currently resides. In the event of any such claim the husband can give an undertaking before court to arrange for an alternate accommodation to her by which the court will refuse her claim for residence rights in your father's house.

2.  Dont file any petition seeking to get them removed from the DV case instead you may either file a quash petition before high court or can file a petition under section 205 cr.p.c. to dispense with their personal appearance before court for the reasons you may rely upon.

3. For claiming residential rights, she may intend to trouble and torture your parents, hence it would be better that you arrange for an alternate accommodation for her outside your house and simultaneously your father may file a an injunction petition restraining her entry into the house for the reasons whatever you may rely upon.  Your foreign assignment may be hampered if she decides to wreak vengeance on you by filing false criminal cases against you which would prevent you from travelling abroad.

4.It becomes her duty to prove all her allegations before court with documentary evidences, hence you can very well challenge her during cross examination.

1) Wife  can't ask any share in the husband or father-in-laws property share till both are alive.

2) She can claim for monthly maintenance from husband income and that could come to net income of 25-30%  of his salary.

01. You have to move out of the house and live separately, so she cant claim residence right at your father property.

02. Always DV case includes bride side also. that will be dealt differently.

03. she can not claim 

04. Dont worry, hire a good lawyer, he can prolong in such a way, she will join the job to pay her advocate fees.

All the best

1. He can file a suit for declaration and injunction.

2. Unless there is no allegations against your parents , their names can not be exempted from the case.

3. No, wife can not stop husband from going abroad in connection with job. No.

4. Unless you show her present status of employment, you can not avoid her maintenance.