You are absolute owner of house
2) your brother should file appeal against impugned order
3) you can also file appeal as you are absolute owner of property
4) you can execute POA in favour your mother
Illegal occupation of house by brother's first wife
We are a family of 2 sisters and 2 brothers and around 15 years back we jointly registered a house property on my name and my elder brother name after my father died which is earlier owned by my father. 5 years back my brother and his wife got family disputes and she filed domestic violence on me, my mom and my brother even though I'm outside India from past 6 years. While that case is in pending 3 years back my elder brother transferred his share to me through gift deed registration as I took care of my sister marriage and family expenses. Later he married another woman and now his first wife filed for alimony and occupied my house. From past 2 years my brother's first wife is staying in that home and forced my mother to leave from that house. I'm outside India as part of my job and my mother is staying at my sister's home. In recent district court judgment as part of alimony filed by my brother's first wife, judge order to issue alimony of 4000 per month and granted her to stay in my home. My mom is old, unhealthy and wanting to stay in my house. I gave her power of attorney but local Police officer said they can't help unless if we bring a court order permission to stay in that house. As per law can I claim that house only belongs to me and give power of attorney to my mom so that she can stay and manage the house on my behalf? Do I have to file a case in district court or high court and Could you please suggest what should I do in order to vacate my brother's first wife from my property?
Asked 2 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
7 Answers
She can claim only residential rights but if she is harassing senior citizen mother in law then they can go against her before senior citizens tribunal under senior citizens Act. You can even inform the Dv court that you can provide alternative accommodation to her and she should vacate the premises
Under Protection of Women From Domestic Violence Act, 2005 a wife is entitled to shelter only in house belonging to husband, she cannot claim any right to reside even in joint family house. In your case the house belongs to her brother in law where she has no right to claim residence. The order of Court of Magistrate is against established law. Court can also order husband to put her in rented house making payment of rents. File an appeal under Section 29 of the Act in the Court of Sessions, the order of Magistrate will be set aside order her eviction from your house.
1) First of all the was on your father's name as you have mentioned above later on it got transferred to on both siblings name. Actually it should have got transferred first on your mother's name and all siblings as legal heirs name.
2) Actually the house belongs to mother's so your mother has rights she can file case against her and stay there, but neither your brother's wife nor your mother vacate the house.
3) Ask your mother to file case in the court to remove your brother's wife. But the case should be like this that none of children are taking care of her.
You have stated that the court has passed an order for residence to her in the DV case, hence she is staying in that house property on the basis of the court order.
You have not mentioned if she is divorced or remains stil married to your brother.
However since this property belongs to you which was transferred to your name even before the court passed an order, you can prefer an appeal against that judgment stating that she is not eligible to claim residential rights in the property which do not belong to her spouse and she can always claim the rights in the house property where he resides.
Besides since this becomes your own and absolute property by the virtue of the registered sale deed and registered gift deed, she is a third person hence do not have any rights or interest in that proeprty, therefore she should be evicted form the property and the residential orders in her favor has to be set aside.
You can also file a civil suit to eject her from the property since she is an illegal squatter in the property and seek for possession of property in the same suit.
After taking possession of the property you can make your mother to occupy the property.
- As per law, his first wife cannot claim any right over your property and she can get residential right from her husband only.
- If there is already divorce taken place , then how she is claiming the even residential right from him.
- Further, you can file a Mandatory injunction & Permanent suit before the court with the help of mother who is your attorney holder for evicting her from your house.
- Further, the said order of the family district court can be challenged in the High court on the ground of her residential right from her husband only.
- Further , being a woman your mother can also file a compliant under the same provision of DV Act against the harassments of daughter-in-law.
- Further, as you are not living under one roof and living abroad , then you can move an application before the court for deleting your name from the DV petition.
Dear Client,
As per the facts which have been provided, if you are the owner of the property you can execute POA in your mother's favor.
Thank You.
