Dispute for land and home
My elder brother and his wife are involved in making daily nuisance, creating terror at home and then have frequent practice of calling police.Its been 11 years of their marriage. Before the marriage my brothers father in law have given some money as dowry.Also at that time the land on which my house is built was purchased by my father in his own name.Since, the dowry money as given to my father was used for bearing marriage expenses and buying jewellery etc.But my brother and his wife hold the view that this land is from their money and wants everybody to be out of home.My father now wants them to be evicted from home and property.I wish to know about the whole process?will it be safe for us for choosing this option.Does this eviction could be challenged or it could drag us in court ? Or whether any false case could be filed against the same.Sir we people belong to lower middle class and want to know about the safest,easiest way of getting out of the whole problem. Plz guide sir.
Asked in Civil Law from Lucknow, Uttar Pradesh
1)your father should file suit for eviction of his son and daughter in law to direct them to deliver vacant possession of portion of house in their possession
2) your father should obtain a permanent injunction restraining his son and daughter in law from disturbing his peaceful possession of the house . since house has been bought by your father from his own funds court will grant you necessary reliefs
3)your mother should aso file domestic violence case against her son and DIL and obtain protection order against them
4) in case any false cases are filed by DIL contest it on merits and obtain Anticipatory bail
Your father have every right to file a eviction suit against his son and daughter in law. Dowry is not a matter upon your father. If any of the false case filed against father contest its on merit..Also seek and injunction to restraint from them to entering in to the property own by father.
1. Let your mother, if she is alive, file a DV case against your brother & Sister in law,
2. Let your parents also file a police complaint against the torture of your brother and sister in law,
3. After that let your father file a petition before the District Court under Order 39 Rule 1 & 2 praying for an order upon your brother and sister in law restraining their entry to he house of your father,
4. Your father can also file an eviction suit against your brother and sister in law,
5.They can contest the eviction suit but are not likely to favourable order from the Court.
You cannot get out of the problem until face the court of law.
If the property was your father' self acquired then she may be restrained from creating any problem as well as to evict her by filing suit for ejectment.
1. The property is owned by the one in whose favour the sale deed has been registered regardless of who paid the sale consideration.
2. Your father can file a lawsuit for eviction to evict your brother and his wife from the property owned by him. The eviction proceedings launched by your father can be contested by your brother's wife and her parents in defence but they will have to produce insurmountable evidence in the court to prove that the property was purchased from the money which was given to the dowry,