• Stay in grandma house and protection from public

Myself charan is an physically handicapped. of age 27 years, working as an lecturer.  I have a question on "Stay in my Grand ma house, & Protection from Public". 
My Grand Mother has two sons, & one daughter. She has an property of 120 Sq. Yards of two floor individual house. I am staying with my mother, younger brother in first floor, my father (pedda) staying in second floor alone. Younger son (chinna) living in ground floor, & daughter(baby) living in her own registered house, which is gifted by grand ma.
With neighbors support, We separated him because of his behavior (Drinking, usage of abusive language, beating) & non support in family welfare (food, health, & education). The house on second floor constructed by us, He didn’t take care of our family since 2004 till now, because of his condition on us (me & my brother) to work as an helper under his carpentry works.
In 2006, He beated my mother on her head, she admitted to an hospital, After a repeated acts, In 2012, Again my mother admitted to hospital & left with 16 stitches on her head. There is no stop for his violent attacks. From 2014, We filed a 498(A) case running against him, due to murder attempt on my mother.
 In 2004, We taken an amount of 1 lakhs from one of lender for our education with the acceptance of my grand ma & her daughter (baby). Now, it's increased up to 7 lakhs due to interest, & family conditions.
Elder son (pedda,my father) lend money (aprrox.12 lakhs) from people through various weekly & monthly schemes in our nearby streets, He doesn't give any penny to us for sustain.
Now, all the crowd came to our house& make shouting, cursing on us, in the absence of my father. He is having lunch, & dinner in his sister's house.  
Grand ma, Pedda, Chinna, baby decided to sale their home, & forcefully vacated us by locking door repeatedly & forcing us to get back their house documents. But we didn't have any shelter, &staying in this house from my childhood(since 1990).& even not having any money (7 lakhs).
I request u all, please suggest me your advises, upon the issue “Stay in my Grand ma house, & Protection from Crowd”.
Thanking you,
Asked 2 years ago in Family Law from Visakhapatnam, Andhra Pradesh
Religion: Hindu
1. Since this house is self acquired property of your grandma , you have no right of share on this.
2. However since you are in possession of the house, you can not be evicted from this house without due process of law which in other words means without a decree of eviction.
3. The debt owed by your father is his personal debt/liability for which his property, if any, or his legal heirs like you can not be held liable.
4. To protect yourself from third party/strangers creditors in the house, you can file suit for injunction so you can not be disturbed with your peaceful possession of the property.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. It is an unfortunate situation which you are confronted with. However, law does not pay any heed to emotions.

2. As mentioned by you in your query, the property is owned by your grand mother. If she is the absolute owner of the house then nobody has any right in the house. You need the permission of your grand mother to reside in her property. 

3. Your grand mother can evict any one from her property by following the due process of law. In view of the fact that you are in possession of the first floor of the house, you cannot be evicted by your grand mother except with a court order. She is required to file a lawsuit for your eviction in the court. You can contest her suit if and when she files it.

4. If you are thrown out of the property without a court order then you have the remedy to seek a stay order from the court so that your grand mother does not dispossess you except by following the due process of law.

5. The debt of your father can be enforced only against him or his self acquired property. His legal heirs cannot be made liable for it.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
1) the loan of Rs 1 lakh was taken by your family  for your educational purposes . 

2) it is your case that amount has increased to rs 7 lakhs . 

3) what is the document executed by you 

4) have you agreed in writing to pay said amount with interest at 3%per month . 

4)if no documents executed by you then you are not liable to pay said amount with interest
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
1) your grand mother is absolute owner of property and she can ask you to vacate her house . 

2) your mother can file Dv case against your father and seek right to stay in her matrimonial home . 

3) she can demand alternative accommodation from her husband . 

4) she can also seek maintenance from her husband 

5) court will award her maintenance upto 1/3rd of her husband income . 

6) since your father is a moneylender and advances money at interest to locals and also has carpentry works your mother can obtain decent amount as maintenance
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
1. The lender cannot force you to pay the amount. He can at the most initiate legal proceedings by filing a suit for recovery against you in the court, which you can successfully defend if you have not signed any document undertaking to repay the amount in the event your father fails to pay it. 

2. If you are being forced then file a police complaint against the lender in your nearest police station.

3. Your mother can file a case for maintenance against your father to demand the necessary finances from him.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
1. There are two aspects of your query. One is the eviction drive ytaken by your grandma and others and another is the undue approach by your neighbours to you for recovering the amount taken by your father,

2. As regard, your right to stay in your grand ma's house, please note that yours grandma is the abosolute owner of the house and she can very well ask you to leave her house,

3. However, she can not evict you without the process of law for which she shall have to file an aviction suit which may takes ages to be disposed of and till then you can very well stay put therein,

4. As regards the approach of the neighbours, lodge a police complaint for assulting you for the money taken by your father, under copy to local S.P./D.C.,

5. In case police refuse to act, file an application u/s 156(3) praying for a direction upon the police to investigate and act based on your complaint.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1.  Logically and legally you are supposed to repay the amount you have taken on loan with interest at agreed rate,

2.   Had you signed any loan document while availing the said loan?

3. What is the rate of interest charged by the lender while giving you the said loan? 

4. Has the lender got any linecse for leding money against interest which is mandatory as per RBI guidelines,

5. If the lender is not authorised to lend money then you can refuse to pay him the interest and repay the principal amount only.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Dear Querist

no need to worry, immediately file a domestic violence case before magistrate by your mother or on behalf of your mother and claim protection and residence order.

from the protection of crowd or public you may file complaint against them if they pressurized to you or your mother for repay the loan amount/money lended by your father if you are not in situation to repay of his debt.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
is there any documents/loan agreement executed between you and the lander of 1 lac?

whether any cheque, pronote,  had issued or not?
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) please contact a local lawyer .

2) your follow question is too lengthy , too confusing .

3) you must summarise your facts in 2 short paragraphs 

4) you should never sign on blank pro notes . you are authorising drawee to fill in details by giving blank notes .

5) it appears that house is mortgaged and your mother and grand mothers are guarantors for the loan . 

6)you have to apply to bank for home loan . if you are eligibel bank will sanction loan 

7) after your father has obtained AB in 498A case he can fight case on merits . unless your father is convicted for offence he is free to roam around . 

8) your mother can file DV case to stay in her matrimonial home if she receives constant threats to vacate the house . 

9)she can also seek stay order against her eviction 

10) record your aunt threats . file complaint of criminal intimidation against her under section 503 of IPC
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
1. The bank will sanction loan after carrying out due diligence which comprises finding out whether the property is unencumbered, the capacity of the borrower to repay the amount, etc. 

2. No legal note is required to be written. The borrower has to apply to the bank by filling up the application form. 

3. Injunction can be sought if you have an apprehension that you may be thrown out of the property without the authority of law.

4. After AB has been obtained your father is free to go anywhere unless the court has placed an embargo on his right.

5. DV case can be filed by your mother to seek a protection order. However, as the property is owned by your grand mother, it is very unlikely that your mother will succeed in the court. 

6. You can file a criminal complaint for intimidation against your aunt.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
1. To lengthy and confusing  follow up query to understand properly  for answering,

2. The idea of taking loan by mortggaging house property for paying of existing loan is dangerous and advised against,

3. If EMI of the  said mortgage loan is not paid, the bank will take possession of the morthgaged house for selling it off to realise the outstanding debt,

4. Signing blank pro-note is also dangerous and is advise against,

5. Ward Comitee has no legal authority to direct what you should do with your property or dispute. It is the job of the Court,

6. After availing AB, your father shall have to contest the case on merits & he is free to move till convicted,

7. Your mother can file a DV case praying for protection and residential right to the house where her husband is staying. It will be difficult to evict her legally.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1) you can file domestic violence cas and seek maintenance for yourself and children 

2) you can also seek alternative accommodation  from husband 

3) you can file 498A case against husband for acts of cruelty 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
1) DV case takes 5 years tone disposed of 

2) contact a local lawyer . Legal fees. vary 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
Please mail me the case details so i can advise step by step method. Moreover in open platform i can say about my fees.
You can call me through Kaanoon.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1)you have no rights on house owned by your mother in law 

2) you can file domestic violence case against brother in law and sister in law if you are victim of domestic violence 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0

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