• Mental torture

I am undergoing divorce case for the last six years . the case was filed by me. since last six years she is staying away at her parents place with our 6 year old daughter. last month my wife has filed a case for permanent injunction for my father's self acquired property so that he can not sell the same.also she has asked for property rights of her and her daughter in my father's self acquired property. she in the same case has included section 148 and states that she and her daughter was forcefully made to vacate the house. so please guide me that is she or our daughter has rights in my father's property, can she take a stay order so that my father can not sell it. divorce case is on for the last six years, another case for stridhan filled by her five years back is also at witness stage. please advice me the way out and can my parents book her under mental harassment.
Asked 2 years ago in Property Law from Jammu, Jammu and Kashmir
Religion: Hindu
1) it is well settled law that daughter in law has no rights in self acquired property of her father in law 

2) your daughter also does not have any share in her grand father self acquired property 

3) your father can sell , gift , bequeath the property to whom so ever he so desires 

4) daughter in law cannot even claimant rights to stay in the self acquired property of her father in law 
Ajay Sethi
Advocate, Mumbai
32658 Answers
1800 Consultations

5.0 on 5.0

You are silent on your religion. Moreover if you are from J & K , then the laws prevalent tin rest of India is not application therein.
In normal circumstances the daughter in law has not right of share in the property of father in law. There is no such provision of law which stops father in law from selling his property, at least, in rest of India.
Prefer an appeal in high court against such order of injunction and try to expedite your divorce suit,
Devajyoti Barman
Advocate, Kolkata
8639 Answers
102 Consultations

4.9 on 5.0

She has no rights nor your daughter has any rights including yourself in the self acquired property of your father.  The case is not maintainable. What is section 148 doing here. ?
The claim for matrimonial home can be made by her and in that way she can an injunction suit but that cannot make any impact to the self acquired property belonging to your father. You can file a petition under Order 7 rule 11 before the same court to counter her suit. 
T Kalaiselvan
Advocate, Vellore
22786 Answers
226 Consultations

5.0 on 5.0

1. Neither your wife nor your daughter has any rights in the self acquired property of your father. You should enter defence to contest her case on merits. She cannot be granted a stay order by the court. 

2. Your parents can file a complaint for domestic violence against her to claim compensation if they have been victims of it.
Ashish Davessar
Advocate, Jaipur
20474 Answers
542 Consultations

5.0 on 5.0

 your wife has no right in our father's self acquired property.
if she had been staying in the house which was her matrimonial home, or if you stay there an don't have any other house , then  she can get an order of accommodation under protection of women from domestic violence act,2005.
However injunction on your dad's property is not justifiable , court may not grand this.
You need to defend it  strongly the court will not be misguided by her side of pleadings.
sthreedhanam for under which act,depending on the facts of the case you should defend her claims.She will have to prove that her streedhan has been detained/ taken  by you, for that she will have to produce the documents of bills , photographs an d other and details
Thresiamma G. Mathew
Advocate, Mumbai
1458 Answers
115 Consultations

5.0 on 5.0

She has no right in your fathers self acquired property. Contest the case with the help of a lawyer. Most probably you case will dispose of coming months because its an old case. If possible use the  method of mediation and adalath for speedy disposal and avoiding mental harassment. Desertion also a good ground for divorce. 
Ajay N S
Advocate, Ernakulam
2260 Answers
27 Consultations

5.0 on 5.0

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