she had a share on that property. - than she can lock it. You can have possession of property if brother permits you, than can enter in the house and capture half property . 

Wife has no share in property standing in name of husband 

2) she only has right to stay in matrimonial home 

3) if no stay order is passed your brother should sell the property 

This is ridiculous.....She cannot lock the property!!

Does she have  share in the property? Even if she does then she cannot lock the property as half of it belongs to your brother.

Beeak the lock and enter in the property. Engage a lawyer.

your sister in law has no share in the property, if it is the self acquired or ancestral property of your brother.

Under no circumstances, she can lock the premises. Complaint for illegal trespassing and criminal intimidation can be given against order to the police requesting them to register FIR against her.

Give complaint to police as advised above for the aforementioned offences under the Indian Penal Code.

If police refuse to register FIR, copy of the complaint shall be forwarded to senior officials of the police under section 154 3 of the code of criminal procedure.

However, if they also fail to take any action and get FIR registered against your sister in law, you can file a petition to Magistrate under section 156 3 CrPC to get FIR registered and investigation ordered in this matter.

Complain to police

 File FIR.

Or break the lock and start residing therein. Do not allow her to enter .

See she is still rightful wife of brother so the police may not accept case of illegal possession also civil suit can take time. Your brother can give power of attorney or can personally file case seeking possession of the proeprty before the civil court.

See a civil suit is best possible remedy brother though can file a police complaint agaisnt the wife.

See a civil suit is best possible remedy brother though can file a police complaint agaisnt the wife.

1. N wife has share in the property of husband by virtue of her marriage alone. However a wife has got right of residence therein.

2. However a wife can reside in a property belonging to her husband only if the court in a proceeding under PWDV Act gives such direction.

3. So ignore her demand and keep the physical possession of the house with you only. She can not enter into the house forcefully or through the Police unless and until the court gives such direction. 

Hi,it is advisable to file a police complaint against her for trespassing..Also if she is interfering in the property ,it is adivsable that you should file a civil suit and obtain a stay order to restrain her from entering in the property 

Greetings!

Divorce On wat grounds if the reason is genuine then you may grant a divorce if not it may get rejected.

However when DV and MC case is pending until the disposal of cases she will be entitled to hold right in all and MC may stand for restitution of conjugal rights too just verify once ; and you have no rights to throw her out as she is legally wedded wife until and unless the disposal and final order of case you have no right on any aspects!!

You can file a case of criminal treapass against her of the said house is not her matrimonial home. 

she can not claim share in the property, but she can claim the maintenance.. 

wife has residence right till divorce, but no property right during lifetime of the husband. you can file complaint against her before jurisdictional police station. 

- As per Muslim personal law , A Muslim wife has no right at her husbands property , when he is alive other than the dower.

- Under the DV Act , she can ask for residential right from her husband only, whether in the matrimonial house or on rent. 

- Hence, she has no right to lock the said house of her husband as per law. You should lodge your complaint against her for trespassing and threatening to implicate in false cases.

Oh! Your wife is characterless  then it's a valid ground hopefully you may get justice by producing all the evidence to court!

During the life time of husband no share can be divided under Muslim law henceforth file a caveat petition before court that may safe guard you and for whatever the reason you have to go legally by taking legal action I suggest you to file caveat petition!

Wife guilty of adultery is not entitled to any alimony or maintenance 

2) brother has to prove allegations made in divorce petition 

3) contest DV case on merits file detailed reply denying allegations made in DV case 

See for DV quashing can be filed as it is after thought.

Further brother can pursue divorce case and can record the evidence.

Dear Concern,

01. First among all, install a CCTv camera in front of your house so that her activities can be recorded and later on can be submitted in the court to prove her guilt. 

02. You can file a case of criminal trespass in against your sister-in-law. I mean your brother have to file a case of criminal trespass in against your sister-in-law. 

03. Simultaneously pursue your divorce application with all relevant proof and records available to prove the guilt of the opposite party. 

Prepare a date sheet for the entire incident which has happened in between your brother and your sister-in-law right from how this marriage proposal came into picture, how it got materialised, when did the marriage tool place and what has happened thereafter so on. This date sheet should have three column one should reflect the date in DD.MM.YYYY format other should reflect the incident happened on that date and third column should reflect the proof which you have with yourself. 

For e.g. 01.01.2019 - I along with my parents went to meet the bride at her home for the marriage talk - I have travel tickets to prove the visit and have receipt of gift items purchased for the meeting. 

Show this date sheet and every proof to an advocate of your choice he or she will assist you on a better note to draft a good case at the end of the day which will lead you to winning this case.

My best wishes to you. 

Dear Sir,

Muslim Laws On Adultery As A Ground For Divorce

Adultery, according to the Quran, is a severely punishable offence and is prescribed to be dealt with by way of stoning to death. But this is not the case in most democracies where the constitutions call for humane treatment of its citizens. The husband has every right to divorce his wife if he is capable of proving that his wife had an adulterous relationship. But the wife may only in circumstances of false accusations can either ask her husband to retract the accusations or divorce him under lian. However, if the husband retracts the claims and apologizes for the same in a prescribed manner, the wife’s claims subsists. In the case of Tufail Ahmad v. Jamila Khatun, the Allahabad Court has further explained that only such wives who are not guilty of adultery may use this as a ground for divorce.

The Dissolution of Muslim Marriages Act, 1939 provides little reprise as it states in Section 2(viii)(b) that where a man leads an infamous life or associates himself with women of evil repute, she can sue him on grounds of cruelty. This is as close as the prevalent Muslim law goes to the concept of adultery.

In the case of Zaffar Hussain v. Ummat-ur-Rahman, the wife of the plaintiff alleged that her husband had stated before several persons that she had illicit intercourse with her brother. The court held that if a Muslim woman is falsely accused of adultery and she can claim divorce on that ground. But at the same time the wife cannot file a divorce under Islam if the allegation of adultery is true and suit can be filed in case of an irregular marriage.

• In Islamic law a woman's identity, though inferior in status to a man's is not extinguished in him when she marries
• Thus she retains control over her goods and properties. She has a right to the same maintenance he gives to his other wives, if any, and may take action against him in case he discriminates against her.
• The Supreme Court has held that in the case of divorce, a Muslim husband is liable to make reasonable and fair provision for the future of the divorced wife which obviously includes her maintenance as well. Such a reasonable and fair provision extending beyond the iddat period must be made by the husband within the iddat period in terms of Section 3 (1Ha} of the Muslim Women (Protection of Rights on Divorce) Act, 1986 and liability of Muslim husband to pay maintenance is not consigned to iddat period.
• Right to mehr' according to the terms of the contract agreed to at the time of marriage.
• She will inherit from him to the extent of one eighth if there are children or one fourth if there are none. If there is more than one wife, the share may diminish to one sixteenth. In circumstances, where there are no sharers in the estate as prescribed by law, the wife may inherit a greater amount by will. A Muslim may dispose of one third of his property by will, though not to a sharer in the inheritance.

If your brother is the owner of the property then he only has to initiate proper legal steps to remove her lock or her from the property by filing a permanent injunction suit against her.

If the property has not been purchased in the joint names then she cannot claim any share in the property as a right.

He can only file any case agaisnt her.

He can lodge a criminal complaint for criminal trespass.

Besides he can file a permanent injunction suit against her restraining her from interfering in his possession and enjoyment of the property.

The divorce case has nothing to do with the suggested injunction suit and the criminal complaint for criminal trespass.

He can file the civil suit through a POA agent also.

You can lodge FIR against her for taking illegal possession of house and criminal intimidation against her only if she doesnt have share in property.

If the ground is infidelity then too the divorce can be granted. If she is unfaithful then too she is not entitled to maintenance.

Regards 

Yes you can file criminal complaint against her under various sections.

No criminal case is made out against her if she is a joint owner of the property which she has locked. Your brother is free to break open the lock and take possession of the property to the extent of his own share therein if there is no injunction order passed against him by the civil court.

Your brother is at liberty to sell the house as he is absolute owner of property 

2) your sister in law can fileDV case seek injunction restraining sale of property by her husband 

See she is wife at present as such no case now can be filed your brother can sale the house and can hand over the possession to buyer and the buyer if she trespasses can file case agaisnt her.

Your brother is the absolute owner of the property, she cannot object to the sale because she has no rights in the property.

He can very well proceed with his proposal to sell the property to the prospective buyer.

If she keeps torturing or objects to this sale you can ask your brother to file a permanent injunction suit against her to restrain her from interfering in his possession and enjoyment  of the property and also to restrict her entry into the property since this is not her matrimonial home.

as a absolute owner your brother can sell his property without consent of his wife.

divorce proceedings are in pending your brother cannot file trespassing or damages of property..

The property belongs to your brother and hence he can sell it to whoever he wants. Give a complaint to the police station that some anti social elements are threatening you.

Regards 

Dear Concern,

Approach the concern police station with the help of your advocate to register a FIR in against them for the criminal trespass and criminal intimidation in against your sister-in-law. If they refuse to lodge the FIR in against her then approach the SP office and in case they also refuse to register the FIR in against her then approach the court under section 156(3) of the CrPC or under section 200 and 202 of the CrPC. 

I am sure by the time you will reach to SP office your FIR will get registered but if you have been accompanied by your advocate with the proper complaint letter and the evidences thereto then your FIR will get registered before the concern Police Station itself. 

Once that is at its place then you are free to do whatever you want and then she can't do anything about it.

If No stay from court, he can sell the property, after sale if she enters and creates nuisance , buyer can file police complaint.

Police may not register criminal trespass complaint. So better sell the property without her knowledge. Once sold she is helpless.

You should file the police complaint as advicwd above on priority basis against her.

Also, a suit of injunction can be filed in civil court to get a restraining order against her. If she does not comply with the orders of the court, she'll to liable for contempt of court.

Section 441. Criminal trespass.—Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.

Section 503. Criminal intimidation.—Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intim­idation. Explanation.—A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section. Illustration A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of criminal intimidation.

See brother is absolute owner he can freelynsale wife cannot file for cancellation of sale deed.

Wife guilty of adultery is not entitled to any alimony or maintenance 

2) during subsistence of marriage wufe is entitled to stay in the matrimonial house 

3) husband can evict her if he gets divorce decree by filing suit for eviction 

Sir you can file a police complaint against your brother wife under section 441 of Indian Penal COde for tresspassing and also can plead for interim relief from court restraining the trespasser from causing any damage to your property if you do you will be in a safer side and your wife may wont have any right to interfere!!

she can move an application in the court for providing shelter and restraining him to sell the said house. 

No. Once sold,she cant do anything. 

If the property has been registered on your brother's name alone and if he is the absolute owner of the property, he can very well proceed in selling the property to the prospective buyer.

Your sister in law cannot file any case for cancellation of the registered sale deed without any legally valid reason or any case filed by her will not be maintainable.

If she is forcefully occupied the property then  she can be evicted through due process of law.

She can proceed but it's on court to give her relief or dismiss the suit