• Sale of my own house

My son's wife has done crpc125 and DV cases on my son.she was living in my house during merriage period. She is now at her father's home. But she has kept some her luggages at my home and purposefully not taking luggages from my home. Now I want to sale my house but her luggages is at my home. So please advise me what should I have to do so she can take her luggages and I can sale my house.
Asked 6 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

16 Answers

You can make an application in court to give directions to her to take her luggage. Or you send her legal notice to take the same. 

Prashant Nayak
Advocate, Mumbai
34564 Answers
249 Consultations

Send her a notice, calling upon her to collect her luggage from your house. Specify that since you are selling your house, you need to vacate it completely. Give her 3 days time period. Incase she fails to collect her luggage within 3 days, get it dropped at her father's place. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

See you can through help og police can return her luggage and can take endorsement of same . Then you can freely sale the house. If police fails to help you can personally approach her through legal notice and can return her stuff.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Make an application to jurisdiction police station with all facts and details and issue a legal notice to your daughter in law and return her belonging luggage. 

Mohammed Mujeeb
Advocate, Hyderabad
19335 Answers
32 Consultations

Write a letter to your son's wife stating your intentions to sell the house and therefore it needs to be vacated soon. Write her to take away all her personal belongings immediately  preferably within a week time, failing which you shall not be responsible for any damage or loss to the said goods and all such items will be disposed of at any time thereafter.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Hello, 

You can take the luggage and give the same to her at the place where she is living right now. 

Give the same in presence of elderly members of the family. 

She does not have any right on the said property. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Send her a written notice informing her to take back the luggages within a time frame.

f she does not take those back then sell the house and if possible keep those under your custody.

Another option is to file written petition in court in the dv case seeking direction on her to take back the articles.

If she still does not take back then sell the house with the articles.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

The house belongs to you as per the law and not to your son. There are numerous judgments in support of this. Remove her bags and give it to her. Engage a lawyer who shall give her a notice and in case she doesn't....transport her bags to her place.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Obtain court orders restraining your daughter in law from disturbing your possession of house 

 

2) send her message to remove luggage lying in your residence 

 

3) send luggage to her parents place by packers  and movers 

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

  1. Serve a legal notice upon her, to take back her belongings. 
  2. After a period of one month, if she doesn't take away her belongings, you don't have any liability towards it. You can dispose them off as you please and sell of your property. 
  3. However, the best for you would be to deposit her belongings in the police station nearest to you (after you have served legal notice upon her to take her belongings away, and she doesn't; till one month elapses of the legal notice). If you take this recourse, make sure to take some sort of acknowledgement from the police station of you having deposited those stuff there

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

1. Serve a lawyer's notice to her asking her to come and take her articles. 

2. You are free to sell your house if there is no injunction operative against sale.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

If the cases are pending nothing can be done, if can be done it should be done amicably otherwise she may further complicate the matter. 

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Dear Sir,

You can get issue a legal notice or ask your son to file an application before concerned court where 125 Cr.P.C proceedings are pending and ask her to take her belongings within 15 days.  Thereafter you can sell the property and keep those luggages in some other place safely or sell them and send amount received to her by demand draft and keep evidence.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Sell than house and courier her luggage through public transport

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

If it's your own house then you may issue a legal notice to instructing her to take away het goods kept in your house immediately as you intend to sell your property very soon or you may warn het that her items will be kept outside the house at the time of delivering possession of the property to prospective buyer and you cannot be held liable for any loss or damage to property. 

You may even try to send her goods by parcel services to her mother's address. 

 

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

  1. As per the information mentioned in the present query, makes it clear that you do not wish to put yourself in any wrong/ false complaint against you by your daughter in law as her luggage is lying in your house.
  2. You should move an application before the concerned court where the DV case is pending seeking permission to handover the luggage that she had left intentionally stating the reason as mentioned by you in above query.
  3. By this way you may not be put into any false allegation for misappropriation of her luggage or theft against you.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Ask a Lawyer

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