There is Maintenance and Welfare of Parents and Senior Citizens Act. You are not liable to maintain your son or daughter of daughter in law. All of them are liable to main you and pay for it. File an application seeking maintenance from you son under Section 5 of the Act. You can file such application to Deputy Collector of the district.
Daughter in law’s financial and mental harassment
My younger daughter-in law shows no respect and screams on me for every little difference of opinion. She screams in front of domestic workers. I run a little cloth shop at home. My daughter in law works in MNC and my son works on his own but is not financially stable at this stage. My daughter in law constantly puts financial pressure on me and expects me to pay all bills including groceries, electricity, house maintenance, domestic support workers pay for her daughter etc. and not only this she intentionally puts extra pressure on me by buying expensive stuff And expects me to pay for it all. I have suggested my son and daughter in law to bear these expenses themselves and should maintain their lifestyle as per their budget and should not involve me to bear there expenses. I have taken loan of 500000 Rs from my relatives to settle my son’s credit cards which he couldn’t pay off during covid times. I still have to repay the loan of my relatives and would not be able to do so if both my son and daughter in law refuse to take financial responsibility of home. Further to this, every time we engage in arguments my daughter in law Threatens me and tells me “ to move out of my house, if I have problems with her and she would not go anywhere. It is her house and she would live there”. My elder son resides in Australia and has tried to resolve this issue with his younger brother and his wife and asked them to take financial responsibility of them and there 2 children several times. I lost my husband in 2018 and since than I feel very dominated by daughter in law residing with me. I have tried to communicate my concerns to her family several times but something or the other keeps happening. This makes me feel weak, neglected and threatened. Please advise on what can I do legally to stop her harassing me. On behalf of my Mother, Mrs. Deepa Tarika Rohit (Elder son) I have asked
Asked 3 years ago in Family Law
Religion: Hindu
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9 Answers
1) who is the owner of house ?
2) if your mother is senior citizen she can file application before senior citizen Tribunal seek orders to direct son and daughter in law to vacate portion of house in their possession
3) seek permanent injunction restraining them from disturbing her possession of house
4) no need for you to bear the personal expenses of sons family
1. My mother is senior citizen/ owner of the house, she holds power of attorney. Does she had to fight the case in court of law in senior citizen tribunal or is it a straight forward application
Asked 3 years ago
If she is absolute owner of house she can make application before senior citizen tribunal
notice would be issued to son and daughter in law
after hearing their objections tribunal would pass orders
Your mother can refuse to pay their bills.
Let the daughter in law who is earning take care of her expenses, in fact if you are not able to manage your own expenses, you have got all rights to demand maintenance amount from your sons to maintain you or give monthly amount towards your own maintenance.
If you are not able to remain in that house, you can rent an accommodation elsewhere and live peacefully.
You can vacate the house since it is not your house.
There is no liability or responsibility on yo to bear the financial debts incurred by your son, instruct him to clear the loan amount that was incurred to rescue him from the financial crisis during covid difficult times.
If the harassment is beyond tolerance you can even file a domestic violence complaint against her giving all the incidents as evidences for the cruelties that you underwent
She can file a petition before Senior citizens welfare tribunal seeking relief agaisnt the harassment meted out to her by her daughter in law.
She can file a domestic violence case also in parallel.
What is the power of attorney is that she is having on her and what is the purpose?
If she is not the owner of the house and only a power of attorney holder then she cannot claim title or interest in that property.
Who is the principal of this power of attorney deed.
Your case strengthened by the fact that mother is owner of house. You need to simply submit an application to the Tribunal, anyone can do so on your behalf. You are at liberty to seek their eviction from house.
Kindly make police complaint under senior citizen act and asl your brother and his wife to move out of house. If house is in on mother's name.
You can file a case before senior citizens tribunal and seek justice in above matter
Dear client,
I'm sorry to hear about your situation. It is important to address this issue before it escalates further. You may consider taking the following legal steps:
File a Domestic Violence Complaint: If your daughter-in-law's behavior is abusive and threatening, you may file a domestic violence complaint against her under the Protection of Women from Domestic Violence Act. The act covers verbal, emotional, economic, and physical abuse.
Consult a Lawyer: You may consult a lawyer who specializes in family law to understand your legal options and get guidance on how to handle the situation.
Partition Suit: Since your daughter-in-law and her children are not legal heirs to your father's property, you may file a partition suit to divide the property among the legal heirs, i.e., yourself, your wife, and your two married daughters. This will ensure that your daughter-in-law cannot stake any claim to the property.
Loan Repayment: Since you have taken a loan from your relatives to settle your son's credit card debt, you may ask your son and daughter-in-law to share the burden of repaying the loan. If they refuse to do so, you may take legal action against them for recovery of the amount.
It is important to address the issue through legal channels to ensure that your rights are protected and your daughter-in-law's behavior is curtailed.
