1) no need to bow down to unreasonable demands of your sister in law
2) your mother is absolute owner of houseand daughter in law has no share in house during her lifetime
3)you have not mentioned whether your sister in law is working or not
Brother's widow creating problem
My father had 2 sons and 2 daughters . My elder brother expired in 2015 and left his wife and 2 daughters . After the demise my bhabhi is staying in my house and other portion is given to tenant. My bhabhi is not in good terms with my parent who is quite old . Earlier it was verbal spat only but offlate it has become quite physical from my bhabhi's side. I have been taking care of the expenses and also the schools fees of the kids. My brother's money has already spent by the family. My bhabhi is now demanding the ownership of the house that she is living in. That house is my mom's name . She is also threatening my father to take full responsibility of her daughter. Please let me know what needs to be done to resolve this matter.
Asked 7 years ago in Property Law
Religion: Muslim
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13 Answers
See your mother and father if she is senior citizen can file a complaint against your bhabhi before the tribunal.
Also your mother can file a police complaint before mahila police station for domestic violence against her and can seek protection too.
Further mother can ask her to vacate the premises and also can gift same to anyone she wishes too bhabhi has no right over same.
Thanks Ajay. Sister-in-law is not working . But every now and then she threatens my parents and pressurise to give the property to her. Even my sister in law's father has also threatened my parents. What legal action can be taken so that the stop threatening.
Asked 7 years ago
File police complaint against her for abuse and physical violence . She has no right on mothers property.
On complaint police shall call for mediation before FIR there it can be taken in writing from she will change her behaviour and shall not threaten or treat them badely then you can take complaint back.
You can evict her by using senior citizens Act if she is harrassing your mother
File suit seek court orders restraining daughter in law from disturbing your mother possession of house and to vacate portion of house lying in her possession
1. it is not clear whether your late brother has left any property or not.
2. If yes then his widow along with your mother is entitled to its equal share along with the children.
3. Your bhabhi has no share in the self acquired property of your father.
4. Your father has no obligation to maintain the grand children.
if property belongs to your mother then your sister in law (bhabhi) Don't have rights to claim in said property.
1. Since the house is in your mother's name your bhabhi has no right to reside therein except with the consent of your mother. Your mother can file a suit for eviction of your bhabhi in the competent civil court.
2. A criminal complaint under Section 506 IPC for criminal intimidation can also be filed against your bhabhi by your mother.
1. IF Mom's house is self-acquired and IF mom is still alive THEN nobody can stake claim on the house. Mom, while still being alive, can execute a Gift Deed in favor of you or anybody else.
2. IF Mom is not alive, THEN "ALL" the residual legal heirs are entitled to EQUAL share in Mom's property.
3. Taking any Legal Action for Threatening s & other things, will complicate matters within the family. Better to discuss and settle amicably.
Keep Smiling .... Hemant Agarwal
The brothers wife does not have any right over the property of your parents as it belongs to them. Moreover she may file domestic violence cases against your mother and the family. She has already abused and fought with your mother. Therefore file a domestic violence case against her and restrain her from living with you. She may go back to her parents.
Regards
She is not entitled to any share in your mother's property at least not during her lifetime.
She cannot demand your father to take care of her children, legally it is not possible.
If she is still insisting on it, ask her to approach court for relief and remedy.
If they are threatening then you can lodge a criminal complaint against them with the police and make them to run around police station and home.
They will realise law once you start taking legal action.
after the death of husband the widow of the person is the rightful owner of the share of her husband and that is to be given to her in case see goes for any partition sweet then it will be given by the court in case there is any ancestral property that is to be allocated to her and the dispute can be started out within the family without any interference of others please note that the widow of the person died have all the rights and she can hold the property even she goes for another marriage
