• Mental torture and harassment

I am Sarita from Mumbai a widower for the last 14 yrs, was staying with my in laws in a joint family since marriage. After my husbands death, his Elder brother and his family decided to buy a property and shift to a new place however they partitioned the house and rented one part of the house for the last 12 yrs almost and Me with my kids were staying in the remaining half of the house. Now that the building is gone under construction and redevelopment we were provided Transits Camps. After a discussions with my Mother in law as the property belongs to her and brother in law she allowed us to shift to the transits camp. Its been almost 8 months that we shifted to the transits paying the electricity bill and other charges. Also we have an ON going issue with the Builder on providing us 2 separate tenements for which Only I am running around for legal helps builder meetings, submission of documents and proofs to MHADA Mumbai Now suddenly my brother in law and his wife want us to pay have of the rent for the transits that we staying in, until the builder provides us with the flat. Once my mother in law is allotted the flat on mutual understanding we will both Me and my brother in law will share it. Until then they harass my mother in law and me and ask my mother in law to demand the rent so that she can give it to them. Can i get legal advice. what can be done once and for all to stop this harassment and mental torture. Also we are not in a condition to give them rent on a monthly basis. Can we file an NC in a police station for them to stop harassing or a legal notice. Kindly suggest.
Asked 3 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1. Your brother in law or his wife has no right in the flat to be developed.
2. hence they can not force your mother in ;aw to pay the rent.
4. Your mother in law can file case in Senior citizens tribunal to safeguard her from her son,
Devajyoti Barman
Advocate, Kolkata
12482 Answers
159 Consultations

5.0 on 5.0

1) property is standing in name of MIL and BIL 

2) your mother in law has to decide to whom she wants to bequeath her 50%share in property . 

3) what is nature of agreement signed with builder? 

4)let your mother in law handle your brother in law 

5) make it clear to your brother in law that as widow with no income you are not in position to pay any rent to him 

6) dont file any police complaint against them it will further strain relations with your MIL and BIl 

7) it is necessary to peruse agreement signed by MiL / BIL with builder to advice 

8) dont issue any legal notice without showing papers to local lawyer 
Ajay Sethi
Advocate, Mumbai
44139 Answers
2560 Consultations

5.0 on 5.0

Proper conversation is important in your case. Is the status of the property is joint? Then your mother in-law, brother in law and your husband have equal right over the property. After the death of your husband you and your children’s got right over his share. What is nature of agreement signed with builder? Amicable settlement between brother in law is good for this time.If it is not work properly then send a legal notice. 
Ajay N S
Advocate, Ernakulam
2756 Answers
44 Consultations

5.0 on 5.0

1. Do not pay any rent to your brother in law,

2. Your mother in law is entitled to the transit camp being the co-owner of the house and she can offer you to stay there,

3. Your brother in law can not claim rent for your staying at the said transit camp as allowed by your MIL,

4. Your MIL can file a DV case against your BIL and his wife,

5. You can also lodge a police complaint before the local police station if you are illegally harassed on this issue.
Krishna Kishore Ganguly
Advocate, Kolkata
18079 Answers
438 Consultations

5.0 on 5.0

Dear Querist
It will be better to contact a lawyer personally along with the documents and issue a legal notice to them with the help of the lawyer and also file a criminal complaint against them if they tried to harassed you.

As the property was joint family property then all of you have the share in the property and nobody can restrain you to get your share.
Nadeem Qureshi
Advocate, New Delhi
4788 Answers
218 Consultations

4.9 on 5.0

1. To stop harassment and mental torture which you say you are facing you can move to court and seek a protection order under the domestic violence law. 

2. The issue of paying the rent has to be resolved among the family members. Neither you nor your kids have any share in the property of your mother-in-law and brother-in-law. 

3. No action by you is maintainable in the court.
Ashish Davessar
Advocate, Jaipur
22958 Answers
631 Consultations

5.0 on 5.0

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