We have two houses. My mother-in-law and sister-in-law are using our second house address to file a legal case against us. How do we prevent our in-laws from using our house address, especially the second house address from all future communications - litigation, police station, phone number, etc?
If you are the owner of the house then your in laws have not right to stay therein when you ask them to leave the same.
Their status in using the house as a licensee and license expires the moment you ask them to leave.They have no legal right to stay therein agaisnt your wish.
if they do not leave then send them an eviction notice and after one month file a suit for eviction.
Suit for eviction remains your only option to get this vacated.
You can seek injunction as well .
You can simply file mandamus writ petition in the High Court in this regard to pass the order to the respondents to not to use your address as their address.
See you cannot restrict someone from using address for communication of court summons as in court the complainant/ plaintiff use adress which is last known to him . She can also use both your adress.for the convenience and service of summons.
File a suit for injunction preventing them from using your home for any purpose even to prevent them from entering home saying they are not owners and are staying illegally. Better file suit for eviction and injunction.
1) One should not mentioned in-laws address for any correspondence from here onwards. Try to do correspondence with your residential address which you refer specifically. Or do not mentioned your in-laws phone number, or any other relevant documents.
By using address, title cannot be inferred. Notice may be served to their counsel.
What are the legal cases filed
2) kindly state detailed facts
Dear Sir,
Just get issue a Legal Notice intimating your present address and you say clearly that any communication on any other address is invalid and similar intimation may also given to the local police station in whose jurisdiction you are residing. Keep the acknowledgements of the same for future use in police station or Court. Nothing to bother. If they have any advocate then also intimate him. If you have any issues then please come to my office in Bengaluru.
Are they(mother in law and sister in law) also staying in this property? If yes, do you also wish to evict them from your house?
Please state the detailed facts so that we may give you a concrete opinion.
If they are filing a suit against you (u need to check whether the anr property is in your name or not )
If yes u may simply ask them to vacate the property or file a suit of eviction against them
Bcoz law ensures proper communication, it is none of courts concern that whether person is a tenant has his own house, court is restricted to a point that what ever is sent by court or whatever communication is shall reach to the concerned person.
If a property is being used by someone as tenant for business purpose then the address remains as a communication address
U can however at any point of time get the property vacated and rent the same to someone other
Hello,
You will have to remove them from the possession of the house and thereupon give a publication in the newspaper that this particular address can not be used by them officially for the purpose of any communication.
Regards
Thank you for your answers. They are not residing on the property. But, they are using the address in all legal communication to us. Without knowing the address where they live, it is difficult for us to counter-file another case on them. So, we want them to stop using their address.
the second house is owned by your family
2) you may not be residing in said address
3) send email to them not to address any correspondence on said address
4) mention address wherein all communications should be addressed
You can write a letter and intimate them about your address.
Sir I understand your concern but in court the address complainant or plaintiff give notice is issued on that only.
So you.can raise your concern before court that you.donot receive the notice.
Send them a legal notice calling upon then to use the address of your property on their communiques.
If they using address as mailing address then file a suit for injunction so they are restrained by court from using your property as their mailing address.
Ask them to vecate it.give a paper publication that house is yours no one should use it's address.
You will have to take an order from the court or pursue the police so that they may pressurize them from stop using the said address
Dear Sir,
First bonafide efforts must be made to find out the correct address and if it is not found then advertisement in local newspaper after taking permission from the Court can be issued under Order 5 Rule 20 of Civil Procedure Code,
Order 5
20. Substituted service.- (1) Where the court is satisfied that there is reason to believe that the defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the summons cannot be served in the ordinary way, the court shall order the summons to be served by affixing a copy thereof in some conspicuous place in the court house, and also upon some conspicuous part of the house (if any) in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the court thinks fit.
(1A) Where the court acting under sub-rule (1) orders service by an advertisement in a newspaper, the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain.
(2) Effect of substituted service—Service substituted by order of the court shall be as effectual as if it had been made on the defendant personally.
(3) Where service substituted, time for appearance to be fixed—Where service is substituted by order of the Court, the Court shall fix such time for the appearance of the defendant as the case may require.
If they are using your house address for their purpose, you can challenge that only in the court of law.
That is the place where the dispute is going on hence you can challenge that only in the court stating that they intentionally doing it to defraud court.
They are not residing on the property. But, they are using the address in all legal communication to us. Without knowing the address where they live, it is difficult for us to counter-file another case on them. So, we want them to stop using their address.
You cannot stop them using this address until you are knowing in which address they currently reside.
You can confront them with this issue in the court of law and establish their fraudulent intention before court.
If you or your parents are staying there than when ever any postal letters or drafts receive in your address just refused to take and tell no one stay of this name on this property.
You can apply to the same court with an application for the same. Else you can file a separate suit for restraining then from using the same.
