• Senior Citizen Act

Hi,

I left my parents home but my wife lives with my parents. Property is self acquired by my mother. My wife harass my parents daily. Parents able to record bad & threatening language which my wife used for my parents with CCTV camera. 
Question: Will my parents get some relief in Senior Citizen Tribunal to vacate premise and how much time it will take in Senior Citizen Tribunal to have decision?
Asked 4 years ago in Family Law
Religion: Sikh

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

13 Answers

See the parents can file a complaint under senior citizen act against your wife and mother can seek eviction and injunction against your wife on entering the property.

See it will take some time though the tribunal is much faster then the civil court proceedings so they will get relief.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

An application under section 22(2) can be filed by the parents.

 

the daughter-in-law has no right in the house of the father-in-law/mother-in-law. In the case of  "Feroz and another Vs. The District Magistrate, U.T., Chandigarh and another" 2017 (2) HLR 468. If the house exclusively belongs to the father-in-law and the daughter-in-law has no right to live in the said house if her husband is living separately because the said property cannot be a shared household."Suman Vs. Tulsi Ram"

2015(1) RCR (Civil) 304.

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Your mother  should get orders to direct daughter in law to vacate portion of house in her possession 

 

it all depends upon pendency of cases in senior citizen tribunal 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

- As per law, you and your wife are having no right to continue to live in the property of parents against their wish .

- Your status in the said property was just like a licensee , and your wife after your leaving the said  property , is not having any right to continue there. 

- Yes, for the abusive behavior , and to remove her from the property , they can approach the Senior  Citizen Tribunal , it will take 3 to 6 months at least.

- Further, your parents can file a  complaint under the provision of Domestic Violence Act as well , against her abusive behaviour and threatening.

- And further, they can also file a suit for Mandatory Injunction for getting an order of eviction from the court .

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Yes they can get her vacated by filing petition under senior citizens Act. It may take 6 months

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Yes they will get, there are several judgements and you need to opt a good lawyer

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Dear Sir,,

Now the problems of Senior citizens can be resolved immediately under the latest Act i.e. Senior Citizens Act.  You please contact any of the local advocate and ask him to file necessary application before Sub Divisional Magistrate(SDO) seeking an injunction order against them and also get open the locked flats.  Few FAQ's are as follows:

http://socialjustice.nic.in/UserView/PrintUserView?mid=52569

The Maintenance and Welfare of Parents and Senior Citizens Act 2007

What are the provisions for protection of life and property of senior citizen provided in the Act?

Ans. The Act requires the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act. Further, the State Government shall prescribe a comprehensive action plan for providing protection of life and property of senior citizens.

 

What are the provisions for prevention of abandonment of senior citizen provided in the Act?

Ans. The Act provides that whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both.

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Your parents can make complaints under senior citizenship act and police will call your wife immediately and will go her warning.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Daughter in law has no right to live in inlaws house. If they 60 above, can file application under senior citizen act to evict her. Best and fastest remedy. 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Your parents can initiate proper legal action to evict her from their proeprty if you are not living in tht house.

They should first issue a legal notice served on her and after that they can approach the senior citizens' tribunal for necessary relief of vacating her from the premises.

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Is it possible under legal provisions for the mother in law to file a case of domestic violence against her daughter in law.

your mother can move Tribunal under maintenance of Senior citizen act and complain against daughter in law for harassment. obtain injunction against them.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes they will definitely get relief under senior citizen act from tribunal.

Your mother can also file DV case against her daughter in law.

It will not take more than a year to get relief from Tribunal.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. Your parents may file a FIR against their daughter-in-law under Section 323 IPC.

2. Since property is self acquired by your mother she can file a complaint case under Section 12 of DV Act to seek the eviction of her daughter-in-law from the property. 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Ask a Lawyer

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