• Can me and my wife file any case against my father and sister

I got married last August. My family consists of myself,father(65 years), wife(28 years) and sister(32 years)

Father is retired railway Employee getting monthly pension of 23K.
Sister is an employee in a reputed multi national comapany and is a divorcee earning about 11 Lakhs.
We all live in a house which i bought and is in my name for 45 Lakhs.
My father then helped me buy this by giving me 12 Lakhs.

During my marriage my father and sister promised that my sister would be leaving for Ireland on professional work and later would be staying outside once back from Ireland.
Same thing was promised to my in laws.
After marriage her onsite oppurtunity didnt materialize and started living with us.

This caused friction in the family and fights have become a daily affair now.
She started harrasing us by taking back the car she gave us for 2.4 Lakhs . She also doesnt allow us to touch any of her house hold items(Tiffin boxes,car perfume).
She also abuses me and my wife . Also openly tells me she wont be paying me 40K which she owes me.

Once after a fight she swallowed pills(eltroxin tablets) and called her friends to inform of the same and told them myself and my wife were responsible for her death
She also wrote a letter stating the same.

We called the elder one's in the family and they asked her to behave and move out of the house with my father.
She accepted and asked for 15 days to move out. After 15 days she said she wont be moving out since my father has a share in the house . they would be living in my house in one room
belonging to my father . 

My father also started blackmailing me that he would put reverse mortagage case against me for 12 Lakhs if i dont allow my sister to stay.

I again called the elder one's in the family and proposed to move out of the house.
For that i asked them for the following
a)I will take all the house hold items , since my sister also has all of them bought during her marriage.
 i asked them to use those . They accepted.
 
b)I asked them for a monthly rent of 12K as i need to pay EMI for this house and rent of the house i will be moving in 
 They Accepted then.
 
I searched for a house near my office and paid advance of 5K and was all set to move out of the house next month.
My sister successfully started a fight and instigated my father to not pay a single penny and house hold items .

What can i do in such a scenario?
Asked 7 years ago in Family Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

2 Answers

1) your best option is to sell the flat

2) repay Rs 12 lakhs received from father

3) repay the bank loan

4) then purchase another flat in your name

5) since your father has paid around 25 percent of sale consideration you cannot evict your father and sister from the house

6) in alternative you can shift to rented flat and both you and wife can work , pay EMI of flat , repay father contribution of Rs 12 lakhs

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

She accepted and asked for 15 days to move out. After 15 days she said she wont be moving out since my father has a share in the house . they would be living in my house in one room belonging to my father .

Actually your father has just helped you financially and is not a share holder in the property, hence this property belongs absolutely to you alone, therefore you can ask both of them to vacate the house and handover vacant possession or to pay rent till the period they are evicted by a court order.

My father also started blackmailing me that he would put reverse mortagage case against me for 12 Lakhs if i dont allow my sister to stay.

Your father cannot create or enter into a mortgage with you without your consent at this stage. You can refuse to sign the mortgage papers and even refuse to share the property even though he helped you financially towards the purchase of this property. You can inform him that you would repay the loan amount gradually otherwise let him approach court for recovery by due process of law.

My sister successfully started a fight and instigated my father to not pay a single penny and house hold items .

What can i do in such a scenario?

You should not leave your house with them and move out for any reason.

It is your property and you are the only person who has full rights in it.

You issue legal notice to vacate the property and file an eviction suit to evict them through court order.

Do not entertain their request to stay back and trouble you or keep interfering in your personal and family affairs.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer