• Can in-laws forcefully stay in house co-owned by me?

I got married in 2001 n used to work then. We bought a house in 2006 taking a joint home loan bcos husband was not eligible for the entire amount that we wanted to borrow. I paid some amount initially but the EMIs have been paid by husband all these years.

My mother in law moved with us in 2007. I quit working a few months later n conceived soon after. At the time of quitting the job also, I contributed towards loan repayment the lump sum money I received. I have been facing a lot of mental stress n trauma since my mil started staying with us. I feel she has been responsible for a lot of misunderstandings between me n my husband n with other relatives. Now I want to know if there is any law that can ensure that she leaves the house if I being the co-owner of the house doesn't want her to live here.
Asked 3 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1) since your husband is co owner of the house you canno ask your mother in law to vacate the house 

2) as co owner your husband is entitled to permit his mother to stay with him 

3) visit a marriage counsellor to resolve your differences with your husband 
Ajay Sethi
Advocate, Mumbai
45613 Answers
2680 Consultations

5.0 on 5.0

1. You and your husband are the co-owners of the house which has not been partitioned. 

2. Your MIL can stay in the house if her son (one of the co-owners) allows her to stay therein.

3. You may by filing for partition prevent your MIL from staying in the part of the house owned by you. 

4. Without evicting her from the house you can seek a restraint order against her if she has tried to create misunderstandings between you and your husband. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

Hi, you can not quit her from your home as the house is jointly owned by you and your husband.

2. As far as moral ground also she is your mother-in-law though she may create problem but tried to settle the matter amicably or else tried to convince  to your hubby and ignore her.
Pradeep Bharathipura
Advocate, Bangalore
4551 Answers
203 Consultations

4.5 on 5.0

Dear Querist

You may file a domestic violence case against her before magistrate court and claim protection and restrain order against her.

try to settle the matter amicably with her.
Nadeem Qureshi
Advocate, New Delhi
4856 Answers
221 Consultations

4.9 on 5.0

1. Had you been the sole owner of the house, you could have disallowed your MIL's staying with you,

2. Now, since your husband also co-owns the property you can not oust l uour MIL if your husband wishes her to stay.
Krishna Kishore Ganguly
Advocate, Kolkata
18511 Answers
448 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer