• Mother in law asking us to leave the house

Hello sir. Currently we are staying in pagadi system house in greater mumbai area. This house was bough by my husbands grandpa in 1950. When our grandpa died my father in law didnt transferred the house on his name but when my father in law died in 2009 ,my mother in law transferred the house on her name and paid the initial amount to our landlord for transfer formalities. As we are staying in pagadi house my mother in law pays a very minimum amount rent to our landlord. My father law has 5 sisters, they all gave the NOC to my mother law for house transfer formalities. My husband is the only son and we got married in 2007. But my mother in law was not happy with me, she us to harrase me a lot but i use to  ignore her all the times. Last year we had an rennovation 
Work in our house and we spent  too much money on it because we are planning a thread ceremony of our son. From last six months suddenly my mother in laws behaviour has changed to us on a extreme level..she suddenly starts an fight with my husband on any issue and takes  to the end saying that pls leave my house. I dont want u people in my house. Last week only i came to know that she has an affair with a guy who met her in the travel. She is 60 year old and she think she is just 30..so we came to know why she is behaving like a devil. Now she ask us to leave the house in 2 months and every time she says that house is on my name u ppl dont any any right on this property. We are just frustrated with her behaviour. We dont know how to tackle her and situation. Can you please help us. Do we have any law if the house is under pagadi system..can we ask our landlord to help us? We are just confused sir pls help us.
Asked 6 months ago in Property Law from Greater Mumbai, Maharashtra
Religion: Hindu
Hello,

at this stage you can not ask for any residential rights in the said property.
the property is in the name of your mother in law and as such at this point of time she can ask you to vacate the house. 
I would advise you to not do the same, she can not throw you out by force and if she files a civil suit then that will take years and you may take a stay till then. 

regards 
Anilesh Tewari
Advocate, New Delhi
11837 Answers
153 Consultations

5.0 on 5.0

1) your husband should refuse to vacate the house 

2) let mother in law file eviction suit 

3) it would take at least 5 years to be disposed of 

4) your husband can appeal against the eviction order 

5) you have not mentioned whether your husband gave NOC for transfer of flat in mother in law name 
Ajay Sethi
Advocate, Mumbai
52012 Answers
3099 Consultations

5.0 on 5.0

First Give a Criminal complaint against your mother in law in the grounds of Domestic Violence Act.Make a CSR copy.
She is an aged person,so Arrange a good physiolgical counselling with a Doctor.  There is no way to make any legal steps by you to do this issue in the basis of Rent Control Act.So this is the best way to rectify all problems. 
Allwyn Amala Prasanna
Advocate, Dindigul
2 Answers

4.0 on 5.0

1. The house is a rented house where a huge amount was paid as non refundable advance for which a minimum amount is charged towards its rent.

2. So, legally the accommodation stands as a rented accommodation.

3. It was taken on rent by your grandfather and the tenancy right has been transferred in favour of your moter in law.

4. Your husband was born in that accommodation for which he also acquires a living right in the said tenanted accommodation which is standing in the name of your mother in law but which she does not own.

5. Your husband can ask the landlord to add his name also as the co-tenant of the said accommodation after the demise of his father.

6. For removing you and your family from the said accommodation, your mother in law shall have to file an eviction suit which will take at least 10 years to be disposed off and your mother will most likely loose the said suit.

7. So, you have no legal worries to be evicted.
Krishna Kishore Ganguly
Advocate, Kolkata
20127 Answers
496 Consultations

5.0 on 5.0

Just by putting allegations and your mother in law will not give you again in any case the property is owned by her and she has all the rights to tell you to go out you have no right to live in that property if she is not willing to do so it will be better for you you either get there must be a cool down I take your own decision to leave the home before it is too worse
Vimlesh Prasad Mishra
Advocate, Lucknow
3240 Answers
7 Consultations

4.9 on 5.0

Ma'am,
By your nature of problem it seems that your mother in law only wants the house to herself, well it can be hers only if the entire right, title, interest is transferred to her completely by the land lord, i the landlord choses to transfer it to another then that is his prerogative. further if she does have the house transferred to her, since the sisters of your father in law have given NOC the property automatically gets transferred to your husband, unless she makes a will bequeathing the property to someone else.

Apart from Pagadi system you have a solution in Protection of women against domestic violence act, 2005, wherein you will be able to gain residence in the house without the harassment of your mother in law.
Arka Navle
Advocate, Thane
8 Answers

4.0 on 5.0

The premises under pagdi or on rental agreement, it cannot be considered as own property of the tenant, i.e., once a tenant is always a tenant.
Therefore your mother in law is also a tenant only in that house.
She is the legally valid tenant since now the agreement has been transferred on her name, hence she is the legally recognised tenant.
She can very well instruct you to vacate the premises, you cannot claim any legal rights on it.
Since you were staying there, for your habitable conveniences, you have renovated the property, but that cannot entitle you any right over the tenancy rights of the property.
An amicable settlement shall be the best option under this situation instead of agitating and losing everything.
T Kalaiselvan
Advocate, Vellore
42350 Answers
460 Consultations

5.0 on 5.0

See when tenancy right from father transfer it equally transfer on all legal heirs residing their ordinarily so your husband is also a tenant in that meaning and he can ask the landlord to include his name further in tenancy.

Also your mother in law as coteannt cannot ask you for eviction on the land lord can in this situation since it is on pagdi he can also not ask.
Since your husband gave no NoC to your mother he has equal.tenancy rights and your mother in law cannot evict him.

She has just one option that is Maintenance and Welfare of Parents and Senior Citizens Act, 2007  under this if senior citizen above 60 is not maintained and harassed by the child then he can ask for eviction from competent authority but in your case there is no such thing but take care of this is an weapon in her hand also she can ask maintenance from your husband.

But in ordinary circumstances she cannot ask you to evict as husband has equal right.

Also I would suggest you to settle it among yourself and deal with mother properly so that her behaviour can be controlled and you all can live prosperously 
Shubham Jhajharia
Advocate, Ahmedabad
7444 Answers
22 Consultations

5.0 on 5.0

Since the tenancy is already transferred to your mother in law name, legally she is the tenant of the premises and thus can ask you and your husband to leave the premises. Your landlord will not be able to help you in the matter. Your right alongwith that of your husband and son in the flat will arise only when your mother in law passes away in the flat and you people would be residing with her at the time of her demise in the flat. So you will have to settle the family disputes amicably and you can't do anything legally to claim a right in the flat or to prevent your mother in law from asking you'll to leave the place. 
Yusuf Rampurawala
Advocate, Mumbai
2052 Answers
6 Consultations

5.0 on 5.0

You can't get the whole ownership rights in the said property. But you can claim right to residence on your shared household under Domestic  violence Act.
Prashant Nayak
Advocate, Mumbai
3046 Answers
2 Consultations

4.8 on 5.0

Dont be frightened by her threats.

This NC cannot make any difference to his employment neither it can endanger his job.

She is blabbering without knowing the law in this regard.

NC is just a complaint received by police on which they may not take any action.

The police cannot ask you to vacate the house because it is not a criminal offence.

She herself is actually a tenant in the pagadi system house.

Your husband can refuse to vacate the house stating tht this was bought by his grandfather.


However in my opinion, it would be better you vacate the house and live separately away from her peacefully instead of experiencing tortures every day.

Since your husband is a government employee he can very well afford for a house outside on rent.
T Kalaiselvan
Advocate, Vellore
42350 Answers
460 Consultations

5.0 on 5.0

there is no FIR filed against son 

2) no case of suspension is made out merely on basis of NC complaint
Ajay Sethi
Advocate, Mumbai
52012 Answers
3099 Consultations

5.0 on 5.0

Dear Madam,

You can put as many cases as possible like DV case, 498A IPC case etc., against your mother-in-law only. Under law, daughter in law entitled to reside in her in-laws house as such your stay cannot be disturbed and on the other hand protected under the provisions of DV Act. Seek the permission of the Court to put your mother-in-law in a decent old age home saying that she is creating so many problems with you, with your husband and with the neighbors.
Kishan Dutt Kalaskar
Advocate, Bengaluru
2898 Answers
51 Consultations

5.0 on 5.0

See NC is just a non cognizable complaint and no case is made out donot worry she is just threatening you plus the eviction is a civil matter the police cannot forcefully evict you as for you also the right ot residence under the tenancy.

Further there can be no damage by this NC on job of your husband.
Shubham Jhajharia
Advocate, Ahmedabad
7444 Answers
22 Consultations

5.0 on 5.0

1. Collect evidence of her such giving threats of lodging false complaint or informing the office of your husband to cause harm to him by audio/video recording her such conversations.

2. Also record all her abusive conversations with you in the same way as advised above.

3. Thereafter you lodge a police complaint against her and also file a DV case against her to counter her said false police complaint.
Krishna Kishore Ganguly
Advocate, Kolkata
20127 Answers
496 Consultations

5.0 on 5.0

1) Ignore her let act accordingly her wish and you should caught her when that guy and she will meet together and then produce a photograph of her with that guy as a proof.

2) Insert few hidden cameras un your house and the application on your phone that you will have access to you only. So you can have proof with you.

3) You leave the house as per her wish and insert your husband name as nominee on property card.

4) You should act as detective.
Ganesh Kadam
Advocate, Pune
3844 Answers
23 Consultations

5.0 on 5.0

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