What are my legal rights in matrimonial home

4 years ago

Hi!

My husband and I got married and had a daughter. We were living in a flat owned in the single name of my husband. My husband deserted my daughter and I, and filed a divorce case which was later rejected by the Honorable family court. He also applied for us to be removed from the household which was again rejected by the family court.

On the other hand I had received a temporary injunction in the domestic violence case stating that no third party interest may be created in the shared household. The domestic violence and 498A cases continued but before they could reach completion, my husband passed away.

Considering these two orders,
1. the final order of the family court rejecting the divorce and not allowing my husband to disturb my stay in matrimonial home
2. the temporary injunction order on the house

What are my legal rights? What course of action should I take now?
Who all are the legal heirs of my matrimonial home? I am living with my 10 year old daughter in this house and the house stands in my husband's single name. My husband's family has never resided with us. My husband's father is not alive and my husband's mother has also never resided with us. She is not a dependent on my husband. She stays in her own house. Also this house is a self acquired property made by my husband and not an ancestral property.

I have tried speaking to the society for transfer of shares of flat but not received any co-operation.

Please guide!

Suman Goyal