• Harassment to my mother by my nephew and his mother

I am staying abroad. my mother leaves alone in gujarat. we had a joint family house between me, my mother and my brother, which we sold before 2 years. it was decided to share the amount equally among 3 of us. my mother took a flat from her share under her name. my brother build his house. now my mother is leaving alone since 1-2 years. there were no good relations between my mother and my brother's wife. now my nephew who is around 20-21 years along with his mother i.e. my brother's wife intimidates my mother and threatens her to sell my mother's house or hand it over to them. my mother is widow and i am staying abroad so i cannot be with her all the time. my brother is not able to speak against his wife and son as they torture him a lot. my mother is around 70 years and she leaves in fear all the time. can anyone suggest what case can be filed to protect my mother and ensure her peaceful life ahead?? thank in advance.
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

1. It is really pity that your brother seeing all these is keeping silence or is not coming forward to rescue her own mother.

2. Ask your mother inform the local police about such threats and intimidation.

3. Such cheap people must be dealt with sternly , preferably, with the intervention of law.

4. Alternatively your mother can lodge complaint with Senior Citizens Tribunal.

5. She must raise protest. Laws are in her favour,So there is nothing to worry for her.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Your mother can file DV case against her son ,daughter in law , grandson and seek protection order restraining them from disturbing her possession of the house

2) your mother should record all the threats

3) consult a local lawyer

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Dear Concerned,

Without fail and further delay file a police complaint against your brother's wife and your nephew on behalf of your mother. Infact she may herself call police as Senior Citizen and police will give her door step services.

Secondly file a Injuction suit restraining the Brothers wife and nephew to enter her house. Court will pass and order restraining them.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. Your mother should immediately lodge a police complaint against your nephew for harassing her and forcing her to sell of her flat and handover the consideration to him.

2. She should mark copy of the letter to the local S.P/D.C. of police also.

3. If police fails or neglects to take any remedial action, she should file a Writ Petition before the High Court against police inaction seeking relief.

4. It will be prudent on her part to collect evidence of pressure put by your nephew on her to sell of her flat in the form of audio/video recording his conversations which will be helpful for her to prove her allegation before the Court.

5. At the same time, you can also email your complaint to the local D.C./S.P lodging complaint against your nephew which will be acted upon by the addressee.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1) your mother should in her police complaint mention about daughter in law constant threats to commit suicide and falsely implicate her and other family members

2) your mother can sell her flat as she is the absolute owners and relocate to USA to stay with you

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Such suicide threats are the standard operating procedure for such difficult wives to blackmail in laws.

2. Audio record all such threats of her.

3. After that lodge a police complaint adding this blackmailing act of yoye sister in law also in your mothers/yours police complaint.

4. Please note that police will not immediately act or react on receipt of your said complaint. You said complaint will only be recorded officially which will stand in very good stead for you later on.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

my brother is not able to speak against his wife and son as they torture him a lot. my mother is around 70 years and she leaves in fear all the time. can anyone suggest what case can be filed to protect my mother and ensure her peaceful life ahead?? thank in advance.

If your mother is unable to tolerate the tortures and if the situation is out of control, she may lodge a criminal complaint agaisnt the daughter in law and the grandson with the local police.

If the police is not effective then she may aproach higher police officer of the district or even the judicial magistrate within the jurisdiction with a petition under section 156(3) cr.p.c. seeking a direction to the concerned police to investigate the matter and initiate proper legal action as per law.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Your mother should not be worried about the gimmicks your sister in law would be creating now.

Since her marriage with your brother is more than two decades, her attempt to suicide shall not be a major problem to yor mother even if she is leaving suicide note in this regard.

Your mother in her complaint can mention the drama that her daughter in law is staging especially suicidal drama so that even if your sister in law is really committing suicide then your mother can take shelter under the complaint she had already lodged.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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