See if the house is on her name she can very well evict you she can file for eviction with tribunal and you won't have any defence she can even ask for maintenance for her expense. So it is better to ask her withdraw the application and live separately from her. I know that would be hard but same is only option if you cannot persuade her.
My grand mother has filled a mental harassment complaint against myself and my mother
I wish to understand what are the rights of normal citizen in the face of someone abusing their senior citizenship status, my grand mother who is a senior citizen has filled a metal harassment complaint against me and my mother She keeps threatening us of removing my parents(mom and dad) and myself from her house, if we toe the line and accept whatever false allegations or abuse she throws at us then we are welcome to stay, she is currently under medical treatment for psychiatrist problem(depression), she has in the past tried to commit suicide by consuming extra dose of medication, treatment for which was paid for by either myself or my uncle, my father is retired and no longer work and he himself is a high BP patient I am the sole breadwinner of the family, it seems quite dangerous to live with her anymore under the same roof she could use this police complain as a tool against us in the future and we are not financially strong enough to shift to another home even on rent My question is how do I legally safeguard my parents and myself, the police refused to listen to us or even file a cross complaint
Asked 7 years ago in Family Law
Religion: Hindu
18 Answers
At any time you are summoned by the court, submit a reply to her complaint, denying all her false and frivolous allegations.
If the Police is not registering your complaint/Cross complaint, move a private complaint with the Magistrate under section 156(3) crpc.
Contact a local criminal lawyer
1. No one can survive in this situation and she having been a very senior citizen no complaint against her would be taken seriously by court of police.
2. In any event do inform the police whenever any untoward incident happens in home by her.
3. I would suggest you to move away from this place till she leave for heavenly abode .
4. If this is not possible then stay there and avid all sort of communications or face to face interaction against her.
Hello,
Defend your self in the case filed by her. If it is her self acquired property then you do not have any legal right to live there and she can definetly ask you to vacate the premises.
Best way is to talk to her and settle the dispute amicably.
Regards
Giving all her medical certificates, write a letter to Police Commissioner and copied to local Police Station, saying that this is her medical condition and that you are staying with her to take care of her. And once in a while, she can raise alarm by filing complaint against you. In any such event, you are bringing this to Notice of the authorities, so as to safe guard yourself. Write a letter on similar lines and retain a copy. In any such event you can show the copy of this letter.
The property in question is pagdi-system not entirely pure ownership, the money used to purchase the property in question was not earned by her or contributed for by her or her side of the family but rather purely that of my late grandfather and his father, doesn't my father have any legal right on the pagdi(property) of his own late father? But yes the pagdi(property) was purchased by my late grandfather using his own money but in my grandmother's name, if we leave and if she passes away then our landlord who wants us to vacate as it is will most probably just cease the flat, he might not let us stay any further citing that we were not living with our grandmother Should I install a CCTV Camera in my house just for safety will that help us? Can we not use her current and on going medical condition as safeguard? Problem is all her medical reports are with her only she is highly protective about her belongings we are usually not allowed in her room but we do know the name of Hospital and doctors she was treated at/under
Asked 7 years ago
CCTV will help.
See you can use her current medical condition to defend and further can also contend that she regularly requires care and you all are taking care of her.
You can install a CCTV but then again that can cause further issue. See you should talk to her and for sometime can bear her even if she is unreasonable.
See since tenancy is under her name she can establish her right even if grand father paid for it.
If the same was purchased by the grand father and he passed away without a will then your father will have the right on the said property
record her abuses
2) rely upon her medical records to prove that she is under treatment for depression and has tried to committed suicide
3) best option is to shift to alternative accommodation
install CCTV cameras in the house
2)record her abuses it would help you in case grand mother takes legal proceedings against you and your parents
- You can defend yourself in the case. Her insanity would be ample defence to quash all cases against you and your parents.
- Don't think of filing any case against her, as her insanity will result in getting those quashed too.
- Im based in Bombay and most competent and prepared to defend you and your parents in court. So leave your phone number in feedback, as it is not shown to me here
As far as her medical reports being with her, you can always get a copy from hospital. Her psychiatrist too can depose as witness, if need be
I am no longer sure if the police registered just her complaint or a proper FIR, I just read the piece of paper (that looks like a receipt) that I was handed over by the cops in the police station that paper has references to words such as 'Kalam 501, 506 & 149', someone said that only FIR's can carry numeric values which are nothing but IPC Penal codes for serious criminal offences The cop in the police station at the time of handing me over the receipt/paper had said that this is just an NC or something like that and its just a proof against me and that if she files similar complaint again then I and my mother will have to go to jail, the cop was not at all helpful or cooperative as well, no investigation was done from their side at all, my grandmother in a fit of rage went to the police station on her own and then we got a call from them asking us to come to the police station upon reaching the police station we were asked to wait outside while the cops recorded my grandmothers statement after waiting for like 2hrs the cop called us in and just asked us to sign in the book that was opened in front of us then he gave us this paper that looks like a receipt of some kind This is the first time that me and my mother have gone to a police station so we are not at all aware of any kind of procedures or papers or our own rights, we just followed what the cop told us to do Since the paper/receipt is in Marathi I am not able to fully understand its wording, they asked us to sign on it and we did they didn't properly explained anything to us, as to what is written in it I don't see any option to upload any document otherwise I would have shared it, please help me in understanding whether this is a normal complaint or the more serious FIR and what should be my next set of steps to safeguard myself and my mother, complaint is against me and my mother not my father, should I apply for anticipatory bail or what should I do now
Asked 7 years ago
you dont need to apply for anticipatory bail at present
2) only if FIR is filed against you then you should apply for and obtain AB
3) get english translation done of complaint filed by grand mother
4) if it is mere NC you need not worry
5) install CCTV cameras in living room of house and record granny abuses
See this is NC that is non cognizable complaint no action shall be taken on it. But in case grand mother files or press application again then a FIR can be filed by the police.
Now you don't need to apply for any bail just be good with grandmother.
Looks like your grandmother moved a NC complaint against you and your mother in the Police Station and you have been issued a challan by the Police against the same. Does not appears that there's a FIR. You have the option of moving a counter-complaint with the Police. In case the Police does not entertains you, submit a complaint before Senior Police officials, that you FIR is not being lodged. In case even that does not helps, move a private complaint with the Magistrate under section 156(3) crpc.
If she has lodged a criminal complaint for mental harassment, and the police have registerd any FIR, then you can obtain bail and challenge her complaint before the trial court on the basis of her treatment for psychiatric ailments.
You may gather and secure the evidences of her treatment for this mental ailments and also towards your long period of residence in that place, which would provide relief to your present problems.
In pagdi system property, nobody has any rights even though somebody invested in the form of pagdi amount once upon a time.
The tenancy rights are now with your grandmother, hence you cannot dispute over it neither your father can.
Installation of CCTV surveillance camera may hbe of some help to you to prove that she acts in a fit of rage without any reason but due to her mental ailments and frustrations caused therein.
The evidences for medical treatment for her mental ailments would be helpful to challenge her false complaint in the trial proceedings.
The information about her treatment and tjhe particulars of the hospital in which she is undergoing treatment has to be collected by you through your own sources.
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The police have registered a non-cognizable report under the said sections of IPC and have warned you people to not indulge in any clashes with her in future lest they may be compelled to initiate proper legal action on the basis of the complaint before them.
You dont apply for AB now itself because the police have not registered any case yet, any such action by you at this stage may provoke them to register FIR and you will be in real trouble, hence you may wait for the developments.
If she is resorting to complaint ionce again then you dont attend the police station, instead you may straightaway apply for AB and face her in the court.