• False sexual harassment case against a senior citizen

I am a divorced senior citizen aged 64 yrs old.I have a son who got married in 2017,and a daughter who is now working in Pune.Both my son n daughter in law are in service and financially strong.I had Gifted a 2 Storied house of mine to my son in 2004.My father expired in 2011.He had given me the exclusive right to enjoy the house till my death.After my death my son will be the owner.But last one year since,my daughter in law is abusing me 
and physically torturing me.She has threatened me of implicating a sexual harassment case if i try to go to 2nd floor. I m not allowed to go upstairs.I had reported to police,but they have not given me any help.Instead they are forcing me not to go upstairs.They warned me that they will take action against me if i go up.I have CCTV Cameras installed in all the floor,to view the movements.Has the Police got the Right to overrule my Father's Registered Deed,wherein i have the Right to enjoy the house. My social dignity is at stake.notmeme,physically torturing me and
Asked 5 years ago in Criminal Law
Religion: Hindu

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21 Answers

You should at the first place file a GD against your son and daughter in law. However file a complaint under provisions of Maintenance and Welfare of Parents and Senior Citizens Act, and you can evict your son and daughter in law else they will be prevented to harrass you in the manner stated by the judge. 

You can get in touch with me for further help.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

1. You are entitled to file a Civil Court suit to evict your Son & his Wife from your premises, using the Senior Citizen laws. The Police are ignorant and will not act on such domestic disputes.

2. Your Father's WILL stated that you are entitled to enjoy the property till your life time and afterwards property ownership will be with Son. However this does not mean that Son too will enjoy usage rights. Son becomes owner of house AFTER your demise, TILL then he has no right in the house.

3. IF you have given any property to Son in anyway whatsoever, you are entitled to file a Civil Court suit to Revoke /Rescind the said Deed and take back possession of your premises, using the Senior Citizen laws.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You can make complaint against them for harassment  and false allegation of rape and torture complaint. So you can raise complaint under senior citizen act and DV act for mental torture etc.

 

Meanwhile you can ask to move to other house if you have gift to your son and that proof you have you can do that.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Since you are senior citizen you can approach senior citizen tribunal seek orders to set aside gift deed executed by you in favour of son as he and daughter in law are harassing you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can file suit for eviction against your son and daughter in law as you have been granted right to enjoy your property during your lifetime 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You Please approach Maintenance Tribunal ,in your area, under section 5 of The Maintenance and Welfare of Senior Citizens and Parents Act 2007 for seeking direction for maintenance from your son and daughter-in-law. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You don't have to worry. You can file case of Harrasment against her under senior citizens Act. She can't blackmail you

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You have no right over the property which has been gifted to your son in 2004.

Now your son and daughter in law are owner of the property and ownership is vested with them.

They may restrict your entry in the house even they may obtain injunction orders against you.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You did a mistake to gift the house in your lifetime  

Anyway since you are abused by the fine you can file case before the Senior Citizens Tribunal which can set aside the gift deed.

Thereafter you can get both your son and his wife to be evicted from the house and if they refuse to leave you have the option of filing a suit for ejectment against them.

Raise protest. Your silence amount to cowardice making you further vulnerable to their atrocities. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Dear Sir,

Using the Senior Citizen Maintenance Act, you may cancel the said gift of 2004 and then you may evict the said son and daughter in law.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

DIL and son have no right to stay in your house. You can file petiton before collector under senior citizen act to evict them.

Father can evict them from jointly owned property but 3rd floor is separate so he will be direct to shift 3rd floor and not to interfere with your possession.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- As per law, you can evict your daughter in law including your son for their mistreat ,after filing a petition before the competent authority under the provision of  Senior Citizens Act 

- Further , you can get a decree from the court for removing her from your gifted legal house permanently after filing a suit for Mandatory Injunction as well. 

- Legally she has no right over your property during her husbands life time , and her stay into your house is just like a licencee ,which you can cancel anytime. 

- Further , you can also take back the  the 3 storied house from your son as well . 

- Such types of children are not deserve for any sympathy in the society and in the eye of law. 

- Hence, without wasting any time , lodge your compliant under the Senior Citizen Act, and also send a copy of the same to the higher police official as well , as the said police official having no power to dictate you without getting an order from the court . 

- If no action , then file a complaint before the magistrate against them and also police. 

 

You can connect me via kaanoon.com , if needed further advise. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If you have transferred your house property to your son by a registered deed, then you do not have any rights in the property.

However since they are torturing you and restrict you to go to second floor and also they indulge in physical tortures, you may approach senior citizens tribunal and file an application to revoke the gift deed and get back your house for the same reasons that your son is not taking care of you and they both are always torturing you, harassing you etc.

The police will not come to your rescue in the civil matter.

By the way what is that you are so adamant  about visiting particularly second floor, is there any special reason for that.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If you have not transferred this house to your son by any transfer deed, then you can very well give a legal notice to them to vacate the premises, if they do not respond or comply with the demands made, you may file a suit ejectment to eject them from the house stating that they are unauthorised occupiers occupying the property illegally.

You can discuss with an advocate at length and take further legal steps on this.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

This is very absurd. How can she stop you from going anywhere in the house. You have a right and you are the owner. File a criminal complaint against her and ask your son to take her somewhere else.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

File a case under the senior citizens act for cancellation of the gift deed immediately.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Disown them and enjoy your rights and file a complaint against them to the higher police officials 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You can file a suit for permanent and mandatory injunction for removing your son and daughter-in-law from the property. under Maintenance and protection of parents and senior citizen act, you can file a complaint with Deputy Commissioner against the son for ill-treatment, to which a notice will be issued to the son and if reason is unsatisfactory, it will lead to eviction. consult local family lawyer. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Gift Deed, is always irrevocable. Hence Gifted property cannot be claimed back, UNLESS & UNTIL it is legally proved that the Gift Deed was conducted under Threat /Coercion /Mental illness /others.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. It appears that your deceased father has bequeathed then house in question to your son giving you the living right.

 

2. You have the right to live in the said house including the 2nd floor.

 

3. However, the Court might question as to what is your necessity to to go to the 2nd floor where your daughter in law is staying with her husband.

 

4. You can not evict them since you are not the owner of the said property.

 

5. However, you can file a Writ Petition before the High Court against police inaction praying for a direction upon the police to register FIR, investigate and act as per law based on your said complaint. In that petition, you can also pray for an order upon your son to shift to the other house with his wife till your demise.

 

6. You can also file a maintenance case against your son seeking maintenance from him.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. You have already lodged the police complaint. Lodge another police complaint against your son and daughter in law alleging that they are torturing you regularly and thereafter file the Writ Petition as suggested in my earlier post seeking their removal to the house gifted by you.

 

2. You can also file the maintenance case as suggested in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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