• Can I stop my daughter from entering my house and disturbing my peace

My daughter, who is 25 yo and about to get married (in 8 momths time) is constantly disturbing my mental peace and is very disrespectful, quarrelsome and talks very rudely to me. She is being constantly instigated by my wife who wants to live by herself in my house (self acquired by me). My wife and daughter do not do a single household chore and fully feed off me though both are working. Already my parents have left the house as they have found it imposiible to stay with us without sacrificing their dignity. Now my wife and daughter has found another ally in my daughter's future husband and their family. They come and go as they like and stay overnight even before marriage which is not to my liking. I am living a very undignified existence and find it impossible to stay in my house if these things continue. The only option is to disown my daughter and prevent her and her folks from her in-laws side from entering my house. By this action, I feel my wife will also learn a lesson that I cannot be pushed around for ever. I will soon turn 60 in 6 months time. My only wish is to live a peaceful and dignified life.
Asked 1 year ago in Property Law
Religion: Hindu

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11 Answers

You can file suit seek injunction restraining daughter from disturbing your possession of house 

 

2) however your wife may in turn to harass you

file DV case against you and seek protection order 

 

3) also seek right to stay in her matrimonial home and injunction order against you from disturbing her possession 

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. You are not yet a Senior Citizen.

 

2. You are legally bound to maintain your wife and unmarried daughter till she is married.

 

3. It will be difficult and time consuming for you to establish your complaint submitting evidence.

 

4. Best way for you shall be to ask your parents to file a Writ Petition before the High Court against your wife, daughter, her paramour  and yourself alleging cruel actions against them claiming protection from the Court for staying at your said house.

 

5. When the case will come up you shall express your incapability to restrain your wife, daughter and her fiance from harassing your parents and can pray before the Court to restrain your daughter's fiance to enter in to your house and also to give police protection.

 

6. Thereafter you can bring back your parents to your house restraining your daughter's fiance to enter in to your house. 

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Hello,

Under Indian law, elderly parents have certain legal rights against abusive adult children and their spouses, including:

  1. Maintenance: Section 125 of the Code of Criminal Procedure (CrPC) provides that elderly parents can seek maintenance from their adult children if they are unable to maintain themselves. This includes the provision of food, clothing, and medical expenses.

  2. Protection of Life and Property: The Protection of Women from Domestic Violence Act, 2005, provides protection to elderly persons against domestic violence. This law covers elderly women and includes provisions for restraining orders, residence orders, and protection orders to safeguard the life and property of the elderly.

  3. Right to Reside: The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, provides elderly parents with the right to reside with their children or heirs. This act also provides for maintenance and welfare of senior citizens and parents, and for their protection and security.

  4. Right to Claim Property: The Hindu Succession Act, 1956, provides that a Hindu father or mother has the right to claim their share of property from their son or daughter, including joint family property.

  5. Criminal Remedies: Criminal complaints can be filed under the Indian Penal Code for offences such as criminal intimidation, assault, and domestic violence.


It is important to note that the exact legal rights of elderly parents may vary depending on the specific circumstances and laws of the state in which they reside. It is advisable to consult with a lawyer or legal expert to understand the specific legal options available in a particular case.

 

Regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

If the property is on your name by a registered deed, you can initiate action to get the disobedient, unruly, intolerable, quarrelsome  and arrogant children out of your home by making a complaint against them to the local police, and if the local police is not effective then you can file a suit for injunction to restrain them from interfering in your possession and enjoyment of your property.

Your wife may claim residential rights, hence you are liable to provide her residence, but you can allot a room for her and get an order restraining her from interfering in your business at house, at the same time you can even file a divorce case against her if the situation is intolerable.

You can file a divorce case on the grounds of cruelty. 

 

If your daughter is employed and you have proofs to prove that she is employed and draws a handsome income to sustain her expenses you can deny maintenance  to her.

 

 

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

Yes you can stop her if you are senior citizen order of court will also be passed against her

Prashant Nayak
Advocate, Mumbai
32146 Answers
184 Consultations

4.1 on 5.0

no you can not.

 

You can divorce your wife and denounce your daughter.

 

You can also transfer your self acquired property in any other person's name through will.

 

My advise would be to prepare a will of your self acquired property and cash so that no one can deny you your rights.

Rohan Raj
Advocate, Kolkata
31 Answers

5.0 on 5.0

There is no such “disowning daughter/son” in law, contrary to widespread misconception. After 25 a earning daughter is not liability of father. You can restrain her from entering by filing a complaint in local police. But as wife is on her side it will not work. They are earning, the practical option is reside separately from them.

Ravi Shinde
Advocate, Hyderabad
4074 Answers
42 Consultations

5.0 on 5.0

Better file complaint under senior citizen act after 6 months to evict her. Wife cannot be evicted.

and then then against in laws, you can complain to police for house trespass and/obtain restriction order from District magistrate till you turn 60.

 

 

Yogendra Singh Rajawat
Advocate, Jaipur
22704 Answers
31 Consultations

4.4 on 5.0

Dear client,  

I'm sorry to hear about the difficult situation you are experiencing with your daughter, wife, and their behavior towards you. It's understandable that you want to live a peaceful and dignified life, and it's important to take steps to protect your well-being.

Before making any drastic decisions like disowning your daughter, it may be helpful to consider seeking the support of a family counselor or therapist. A professional can help facilitate communication and understanding between you and your family members, and provide you with strategies for setting boundaries and managing conflicts in a healthy and productive way.

In the meantime, it's important to communicate clearly with your daughter and her future in-laws about your expectations for behavior in your home. If you do not want them staying overnight or coming over unannounced, it's important to express that clearly and respectfully. You may also want to consider setting boundaries around household chores and financial contributions, if that's something that is causing you stress.

Ultimately, disowning your daughter may be a decision you have to make if her behavior is consistently harmful and disrespectful towards you. However, it's important to exhaust all other options and seek professional support before making such a drastic decision. You deserve to live in a peaceful and dignified environment, and with the right support and strategies, it may be possible to achieve that within your family dynamic.

 

 

 

 

Anik Miu
Advocate, Bangalore
9169 Answers
111 Consultations

4.7 on 5.0

- As per law, you can evict your daughter from your self acquired property due to her mistreat after filing a suit for Mandatory Injunction before the Court or after sending a legal notice to her. 

- Further, when you will attain the age of 60 then you can also lodge a compliant before the Senior Citizen Cell against her harassment and to remove her from you property. 

Mohammed Shahzad
Advocate, Delhi
13513 Answers
201 Consultations

5.0 on 5.0

You can contact the police and file a complaint against her.

Sayan Datta
Advocate, Kolkata
7 Answers

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