Thrown out from house, what to do?
My brother married 27 years back a girl from a rich family having only three daughters, he stayed in our home town for 5 years after marriage and had two sons, its a sort of happy middle class family.
Then his wife insisted and pestered him to shift to his in-laws city Mysore, he denied initially, she started threatening saying she will commit suicide if he didn't agree for it.Finally he moved to Mysore after winding up his business and selling his immovable property at our place . Bought a house in Mysore in the name of her wife from the funds he mobilized. Joined in-laws business for some time and then he opened a separate shop in the in-laws premises itself as they could not do business jointly due some differences. At this point he planned to return to our native place and start all over again but wife did not agree then,
In-laws provided the space (shop) to carry separate business by taking his signatures on RS 500 stamp blank paper. He could earn only to meet the expenses of a normal middle class family ,educating his two sons in engineering streams.But his wife totally unhappy with the developments as she needs to have a high class life style,so the differences cropped in and grown to a every day arguments and fights.
Elder son ,a brilliant engineering graduate joined Microsoft in Bangalore, and left the job with in three months and started his own business and struggled for three years and could not establish himself and incurred some losses, exact losses known to him only.,so my brother was sending money to him for his monthly maintenance as all the capital investment given to him was depleted.
Mean while, recently his younger son, engineering graduate looking for a job committed suicide due to depression and health problem (medical treatment and counseling was going on since three years when he made his first attempt to end his life.)
After his death , the family totally collapsed and my brother had no "piece of mind" and he was totally disturbed , so he went to Thirupathi to seek blessings of Lord Venkateshwara and when he returned after 3 or 4 days, the most devastating things had happened here .
One: his wife and elder son vacated the house taking away all the house hold goods ,articles and jewels leaving behind his clothes and personal items and handing over the keys to the house owner.
Two: his shop is locked with master keys and he is unable to open the shop with the regular keys and carry on his day to day business.
Three: when he went and asked about all this, with his in-laws ,they said we don't know ,go ask your wife and son only .
Four : received threatening phone calls from son, saying don't try to break the shop doors if you do so, we will break your bones. Just simply take the left over items from the house and go away from us and do not try to contact us and show your face for one year at least.
Five: My brother wandering here and there ( mysore and Bangalore) with out proper clothes and food since one week ,not knowing what to do. His health is also upset since two days.
Six: He does not want us (brothers) to approach his in-laws, wife and son for discussion, saying that his wife totally disagreed to bring in any of our family members in to the matter.
Seven: we financially helped him to approach police and advocates. He went to Mysore in the morning with some money to approach lawyer and take legal advice and police protection. we are all worried a lot and sitting helplessly here.
Eight : son also taken away the car standing in my brothers name, so if something bad happens it comes to his head
I am the only qualified and educated brother to him .so what and how best I can help him under this situation.
Please, please help me with right legal solution and advice for the situation so that I can save my Brother.
Asked 2 years ago in Family Law from Bangalore, Karnataka
Hi, your brother has to file a police complaint in the police station and secondly as he is the owner of the shop so he need not ask to anybody to open the shop for safer side lodge a police complaint and then break open the lock and open the shop.
2. For taking car also it is better lodge a police complaint and it it better write a single police complaint briefly and then open a shop.
1. Your brother has the protection of the law of the land. If the shop which has been locked by his elder son and wife is owned by him then he is free to break open the lock and carry business as usual.
2. Since the car owned by your brother has been taken away without his authority by his son he can lodge a complaint of theft against him. The police will recover the car and launch the prosecution against him.
3. If your brother apprehends a threat to his life he can seek police protection. He may also lodge a FIR against his son for criminal intimidation if he has been threatened.
1) the shop is owned by in laws . your brother has only been permitted to use said shop for business purposes by in laws
2)as far as house is concerned if your brother had bought house in wife name where is question of wife handing over keys to house owner?
3) if son has threatened him your brother can lodge complaint of criminal intimidation against him under section 506 of IPC
4) even if your brother was not owner of the shop he cannot be removed without following due process of law
5) your brother should lodge a police complaint against wife and son for forcible dispossession
6) lodge complaint of theft in respect of missing car and name the son as the thief who stole the car
7) your brother should immediately file suit under section 6 of specific relief act . in said suit mention that son , wife along with in laws have forcibly dispossessed him from shop being used by him for number of years
8)Section 6 of the Specific Relief Act, 1963 says that if any person is dispossessed without his consent from immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit. That a person without title but in “settled” possession – as against mere fugitive possession – can get back possession if forcibly dispossessed or rather, if dispossessed otherwise than by due process of law.
Section 6 frowns upon forcible dispossession without recourse to law but does not at the same time declare that the possession of the evicted person is a lawful possession.
Thanks to all of you for the advice and bringing in some hope. some clarifications and questions to follow.
1. Shop building is owned by in-laws , but the business/trade establishment is in his name and for all the goods and articles he is the owner, he is the sole proprietor of the business firm.
2. the own house is in wife's name but the funds has come from my brothers HUF account . In fact he has utilized the capital gains accounting after selling native place property and buying Mysore property in the same year.
Since it is in her name ,she insisted to shift to a rented house by saying and convincing my brother that we need a bigger house and near by house to the two college going sons. she collected the rent from the tenant and used as her pocket money, and my poor brother was paying the rent for the rented house.hence the situation of handing over the key to the owner when they vacated the house .
3. Where can I get address and contact details of
some good, knowledgeable and reputed Lawyers/Advocates of Mysore. Here I could find contacts of only Bangalore advocates.
4. It seems he received a phone call from help line of "CAW cell of Mysore" to visit them as there is some complaint from his wife.It seems they provide some conciliation/advice. What is CAW cell ? how to handle this ?
5. It seems my brother also received a phone call from his co-brother who is in Hasan yesterday night,and admonished my brother not to try to contact my brother's wife and son by phone or by any other means.
Please ask any other clarification you need from our end so that we can take right legal steps and save my brother from this mess and can lead a normal life.
Asked 2 years ago
1) wife in order to pre empt husband from going to court for recovery of possession must have filed 498A case for acts of cruelty by husband
2) it appears that whole family has ganged up against your brother .
3) he should immediately move court to regain possession of the shop and file cases against son for theft of car , criminal intimidation as advised
Hi, in order to prove that your brother has right over the property you have to file a suit before the court and claiming ownership of the property as your Sister-in-law has no source of income to acquire the property and your brother has purchased the property from the income of the selling the property from native place.
2. If you are interested contact me, one of my friend was practicing in Mysore.
1. Since the shop is owned by the in-laws of your brother the former cannot break open the lock. However, he is entitled to remove with police assistance all his articles lying inside the shop.
2. One in whose favour the property is registered is its owner regardless of who has paid the funds incurred on the purchase. If your brother has documentary proof of fund transfer from his account he can impeach the ownership of his wife by filing a case to this effect in the court. Once the court holds him as the owner of the property he will be able to exercise all rights which are enjoyed by the owner.
3. Some Mysore based lawyers are on this portal and you may obtain their contact details through the administrator.
4. CAW cell is police. If a complaint has been filed against him he should seek bail so that he does not get arrested.
Your brother should meet a good lawyer and issue a legal notice to his wife and son to return the keys of the closed shop immediately since he is the proprietor of the shop and it is in illegal act by them to close down his business by locking up his shop for no reason, neither there are any debts payable by him to them. He may include his parents in law too in the notice instructing them to not to instigate or support their daughter and grandson who indulge in such illegal activities under their guidance. You may state in the notice that if they do not comply with the demands made within the time stipulated in the notice, you would proceed against them through police and court seeking relief and remedy. This will raise their eye brows which wold make them think about advising their daughter and grandson to work out amicable settlement or compromise. He may issue a separate legal notice to his co brother to restrain himself from issuing such threats on her behalf failing which he would be dragged into criminal case through police for threats and criminal intimidation offence.
Initiate the above process initially, wait and watch the developments and then decide further course of action as warranted.