• My sister In law and brother's mental harassment of my parents

Hi,
I live abroad and my parents are in Bareilly, UP. My brother is a useless, abusive, and a fighting drunkard who abuses, disrespects my parents all the time, along with his wife. I can get evidence from everyone around that my parents have NEVER even said a word to my brother's wife ever. My brother was residing in Haldwani with his wife and a son and ruined everything with reckless spending, drinking, gambling. He had been admitted in rehab centres many times. In the meantime, his wife started demanding property share from my parents and is now harrassing them with a legal case of maintenance and share in their property. They have been asked to come to a lok adalat tomorrow. I am very worried for my old parents. 
They had disowned my brother, his wife, and their son from their property due to the fear of being coerced into giving her what she was demanding. The property is in my parents' name and they have built it with their hard work. My brother and his wife have taken several loans around from banks and have gobbled the money, and my father had to sell some property to pay the debt back and still they are being harrassed. 
What can they do for respite? Please help!
Asked 2 years ago in Family Law
Religion: Hindu

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13 Answers

He has no right in the property acquired by father. Parents have many options against their son. A mother is aggrieved person under Domestic Violence Act, 2005 and can file a complaint against sons and daughters in law in Court of Magistrate. The Act is applicable to mothers also.

  1. Under Domestic Violence Act, 2005—
  2. You, any relative or friend on her behalf or an Advocate engaged by her can submit an application to the Magistrate or police. A notice will be served on sons and in laws and they will be asked to attend the court on a particular date. If they fails to attend court, they will be arrested by police and brought to court. She can obtain any or all of the following  orders…
  3. Protection order prohibiting son from—
  4. committing any act of domestic violence;
  5. attempting to communicating with parents;
  6. Residence order. Police will force her sons to give shelter in the house.
  7. Monetary reliefs can be obtained--
  8. To meet the expensed incurred and losses suffered as a result of domestic violence;
  9. Medical expenses;

  • Lump sum payment.

  1. Compensation: compensation and damages for injuries, including mental torture and emotional distress.

  2. Code of Criminal Procedure, 1973, Section 125: she can obtain monthly maintenance.

 

 

 

 

 

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Since it is self acquired property of parents son and daughter in law have no share in property during parents lifetime 

 

2) daughter in law would not get any reliefs from court 

 

3) she can seek maintenance from her husband 

 

4) your parents should take the plea that they had to sell some property to repay debts taken by son 

 

5) they can file application before senior citizen tribunal and seek orders to direct son and daughter to vacate portion of property in their possession and seek permanent injunction restraining them from disturbing their possession of property 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

 

They can appoint advocate to appear on their behalf

 

personal presence is not necessary on each date 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

It not necessary that they should attend the Lokadalat tomorrow. They can send their representative/Advocate   to submit that being old they cannot travel. If they have no source of income they can seek maintenance from him under Section 23 of Welfare of Parents and Senior Citizens Act, 2007 by submitting an appeal to District Collector, who is competent authority under the Act. They can seek restrain order against him not to enter within 200 meters periphery of the house.


It not necessary that they should attend the Lokadalat tomorrow. They can send their representative/Advocate   to submit that being old they cannot travel. If they have no source of income they can seek maintenance from him under Section 23 of Welfare of Parents and Senior Citizens Act, 2007 by submitting an appeal to District Collector, who is competent authority under the Act. They can seek restrain order against him not to enter within 200 meters periphery of the house.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

Your mother can file a domestic violence case agaisnt her son and daughter in law seeking protection.

Your both the parents can approach senior citizen's welfare tribunal with a complaint against them and seek injunction against them from interfering in their possession and enjoyment of their property and may seek protection against them for their acts of cruelty and violence. 

They can give a criminal complaint against them with the local police too.

Since it is they who have been victimised, they only have to approach the law enforcing authorities to get relieved from ongoing physical and mental abuses. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

If they cannot travel then they can take the help of some local people to take them to concerned authorities/court/police for relief.

Otherwise you may have to come back to India and take care of all such issues i.e., attending court or police station with a complaint on their behalf..

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Sir / Ma'am,

A case of domestic violence can be made against the son and daughter-in-law by your mother for seeking protection. Both parents can approach senior citizen's welfare tribunal with a complaint against them. They can seek an injunction against the accused from interfering with their peaceful enjoyment of their property and may seek protection regarding the same.

A criminal complaint can also be made against them before the police. If they cannot travel then they can take the help of some local people to make a complaint on their behalf or you can attend court or police station with a complaint.

Thank You.

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

Your parents can remove his son and daughter in law from his house. May even take the help of police.

Recent Kolkata High court judgement in this regards is that it is well settled that the children and their spouses living in the Senior citizens house are at best " licensees". Such licence comes to and end once the Sr.Citizen are not comfortable with their children and their families. Similar views expressed by Delhi High court and Punjab and Haryana high court.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

- If the said brother and his wife is creating trouble to your parents , then they can file Mandatory Injunction suit before the court for evicting them from his property 

- Further, your mother being a lady can file a compliant under the provision of domestic violence Act  against her harassment. 

- Further , if they are senior citizen , then they can file a compliant under the provision of Senior citizen act as well.

- Further , legally she cannot claim any maintenance from your parents except from her husband. 

- Further, she cannot claim the property of your parents legally , but she can claim residential right from her husband. 

- Further, they are not responsible for the debts taken by your brother , hence no need to sell his property for paying the said loan taken by your brother. 

- If she has filed any compliant against your parents , then tell them to engage a lawyer to appear on their behalf before the court. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

Hello, 

  1. Your parents are in no way liable to pay off the debts of the son or daughter in law. They are not obligated to go to a lok adalat as well if they don't choose to. 
  2. If your brother brings about any litigation against the parents they can engage a lawyer to deal with the situation and need not run around by themselves. 
  3. Complaints can be filed against the son and daughter in law under provisions of protection of Senior Citizens Act and a restraining order can be obtained from the court against your brother to keep him off the parents' premises and from harassment of any kind. 

S J Mathew
Advocate, Mumbai
3545 Answers
175 Consultations

5.0 on 5.0

Seek help of a local lawyer for tomorrow's matter in lok adalat.

 

Your parents should prefer a complaint before the Tribunal constituted under the Senior Citizens Act.

 

Your mother should also institute proceedings under DV Act against your sister in law. 

 

 

 

 

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

if they are senior citizens then they should immediately file a complaint against them before the District Magistrate of the area and claim protection under the Senior citizen and parents welfare act

 

No need to appear before the Court where she filed a maintenance case as your parents are not liable to maintain her, it is the duty of her husband and not in-laws.

 

If the property is the self-acquired property of your parents then they have no share in that property and their case shall be dismissed.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

You can contest any false cases filed by her. You can seek anticipatory bail if any false FIR is filed. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

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