• Dispute in family

Hello sir i m arti working in govt sector.my father is a retired army personnel.i have three elders brothers and all are in govt job.my eldest brother is about to be retired from defence after completition of15 years of service.he and his wife creates havoc at home.they want the papers of land on which our house is built.even both of them have differences with the whole of family still they want to stay in this home and create atmosphere of terror by calling police and even warned about sending to jail by my bhabhi'brother who is a lawyer.sir i m staying in hostel and parents are only survivours at home sir what should i do to save myself,my service and my parents.the land on which my home is built has been purchased by father with half of his money and half of money given to my fatherby my brothers in laws before marriage .the registry papers also have witness signature by my bhabhi father.now they want the papers to put their case forward and also create atmosphere so that every body run out of the home and only they stay here.plz guide what i should do.
Asked 1 year ago in Family Law from Lucknow, Uttar Pradesh
Religion: Hindu
1. Who is the owner of the house? If the owner is your father or mother then he or she can evict your brother and his wife by filing a case for their eviction in the court. They cannot reside in the house except with the consent of the owner.

2. Police has no role to play in this.

3. Your father should refuse to hand over the registry papers.

4. If you and/or your parents feel threatened by the acts of your brother and his wife then you may seek protection by moving to court. 
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
1. Let your father remain steady and not to hand over the documents of the land.
2.According to revenue records, in whose name the property is mutated?.
3.Police can not interfere in this case, since it is a civil matter.
4.In whose name the property is registered even though your father had invested half of his money. If the property is registered in your father's name, you need not be afraid of these incidents. However if your father is a joint owner of the property alongwith others also, your father's share can be protected by taking necessary steps, since he is a joint owner.
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
1) your father is absolute owner of the house . 

2) he can move court and obtain orders  for eviction of his son and daughter in law . 

3) son has no interest in property during father lifetime . 

4) HC has held that adult son has no rights to stay in parents house without parents consent 
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
In a significant order, the Delhi High Court has said that a daughter-in-law cannot enforce her right in the self-acquired property of her parents-in-laws as it does not fall under the definition of a "shared household" enunciated in the Domestic Violence Act. She has a right over her husband's property only.
 
The court further held that not only a daughter-in-law, even an adult son or daughter has no right to occupy the self-acquired property of their parents against their wishes, reports The Times of India.
 
"A son or daughter if permitted to live in the house occupies the same as a gratuitous licensee and if such licence is revoked, he has to vacate the said property," noted Justice A K Pathak in one of his recent orders.
 
The court made the observation while dismissing an appeal of a woman, a doctor in a government hospital here, seeking right of residence in her mother-in-law's house, in which her husband does not have any share.
 
In her plea in the HC, the woman said she is a legally wedded wife and has a right to live in the property from where her father-in-law wants her evicted, said the report.
Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
1) let your father take legal proceedings against his son and daughter in law for their eviction 

2) you can stay in said house with your father consent 

3) your father being a senior citizen can also call the police helpline if harassed 

4) he can also move senior citizen tribunal if he so desire s 

Ajay Sethi
Advocate, Mumbai
23153 Answers
1216 Consultations
5.0 on 5.0
1. Your father should file a case for the eviction of his son and daughter-in-law.

2. Simultaneously, seek protection from the court.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
1. Being the owner of the house and land, your father need not be afraid of threats he has been receiving from various people.
2. On what basis people are threatening you & your family members that they will send all of you to jail.
3. Your father can lodge a Police complaint against the people who are threatening your family. If lower rung Police officials do not act, take the help of SP of the district.
4. If help is not forthcoming from Police, take the help of a local Advocate and file petition in the court seeking protection to your family and direction to the local Police to act.
5.You need not feel insecure about your job, since you are in no way connected to this transaction and in govt. service, your job will be secure and the govt. can not take action on its employee without following prescribed procedure and conducting departmental inquiry and based on the outcome of the inquiry only the govt. can initiate action.. Hence do not worry..
Shashidhar S. Sastry
Advocate, Bangalore
1233 Answers
59 Consultations
5.0 on 5.0
This is purely a civil suit.The police has no role at all. Don't believe in threats of others, your father is the absolute owner of the property. If any one threaten ,you or your father may file complaint against theme before police station and file petition in the court seeking protection to your family and direction to the local Police to act the same  .
The same time your father should file a case for the eviction of his son and daughter-in-law from his own house.
There is no need to  hand over the registry papers.
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0
Dear Querist
Legally they can not do anything against you. if you feel insecure regarding yourself and your parents then immediately file a complaint before SDM under senior citizen Welfare & maintenance Act, or file a domestic violence case before magistrate and claim protection against them.

you may file a complaint before police if they do anything wrong against your parents.

contact a lawyer personally or over the phone, it will be better to get best advise.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
1. If  the property is in the name of your father, then he is its only rightful owner,

2. Your elder brother and bhabi has no right on the said property and can not ask for the title deed,

3.Ask your father to collect evidence of torture he is subjected to by your brother by audio recording and then lodge a police complaint against your brother and bhabi,

4. Your mother can also file a DV case against your bhabi,

5. Your father can also file an eviction suit against your brother.
Krishna Kishore Ganguly
Advocate, Kolkata
12082 Answers
228 Consultations
5.0 on 5.0
1. What is your problem actually which made you so tensed?

2. Your brother and his wife has threatened your father and you that you all will be sent to jail. For what crime you will be sent to jail?

3. However, if you have been so threatened, audio record such threats and lodge a police complaint under copy to the S.P.,

4. Also ask your mother to file DV case as advised in my earlier post,

5. If police does not take any action, file a petition before the District Court u/s156(3) of Cr.P.C. praying for direction upon the police to investigate and act based on your father's complaint.
Krishna Kishore Ganguly
Advocate, Kolkata
12082 Answers
228 Consultations
5.0 on 5.0

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