You can file a suit and seek injunction against her. It’s an illegal act
My sister in-law is forcibly taking possession of my fathers property and not allowing me to enter
My father bought a flat through AWHO at Nerul, He died in 2011 and property was transferred to My mother, She passed away in 2016. Myself and my younger brother are the only two sons of our departed parents. My brother got married in 2004, however he later converted to Islam and married a Muslim girl without taking divorce. As a proud Hindu my family took an oath to protect his hindu wife and daughter. We moved out of the 2BHK flat before my younger brother marriage in 2004 as 3 couple can't stay comfortably, and we have been staying since then at rent nearby. After my mother death we thought of moving but for some reason delayed it, we however kept on paying society charges though not staying there as sister in-law doesn't earn and we supported her Post covid we faced acute financial crises and couldn't afford rent and decided to move at our permanent residence(Adhar card, pan card, Driving license all bear this address) however sister in law created Rukus demanded 50 lakh threatened us with DVA, we have been force to stay out I need assistance in getting peaceful entry and stay in my house, I don't have heirship certificate. I have been advised to file a for injunction under specific relief act 1963, 39 r1, 2. However someone also suggested that I should rather approach family court for an injunction as per recent order of Delhi high court. Can I file this application myself, Please guide
Asked 2 years ago in Property Law
Religion: Hindu
10 Answers
As one of the legal heirs at par with your brother you are entitled to an equal share in the property.
Therefore you may file a suit for partition to divide the property to two shares and to allot you with one share with separate possession.If the property is indivisible then the court may bring the property to sale and disburse the sale proceeds equally between you and your brother.
Engage a lawyer
on parents demise you have 50per cent share in flat
file suit for partition for division of flat by metes and bounds
since flat cannot be divorced court can direct flat to be sold and sale proceeds distributed equally
You should firstly get the property mutated in your name. Simultaneously file suit for permanent and mandatory injunction and also eviction petition as stay of sister in law is a permitted licence. Sister in law does not have any right in the property.
Thanks to all esteemed Legal Consultants for their answers, please help me with clarity on the below 1. My immediate goal is to get entry into my house, or keep a caretaker to secure my property The suit being mentioned should be filed in family court of civil court? as in family court I will not have to pay the court fees and I am facing Financial hardship 2. Is any case of DVA 498a possible against me, consider we never had a shared residence with sis in law and forced stayed on rent ?
Asked 2 years ago
1. As advised, you should file suit for permanent and mandatory injunction, possession in Civil court.
2. Yes, possible. However, not residing together is good ground but your addhar etc are on given address where sister in law is residing and it prove your residence.
1. This case may not be entertained by family court.
The court fee has to be paid even if you file the suit for partition of property before the family court, but since this is not a family issue, it may not be entertained by family court, hence you may have to approach civil court alone for the relief and remedy.
2. The stay on the rent cannot be a domestic violence act, no such case will be entrained by court even if she files one on the said ground.
File civil suit for partition
DV is not maintainable but 498 A case can be filed against you
If it’s not her matrimonial house then dv angle is not possible for her.
- As per law, after the demise of your father intestate , his property would be devolved upon his legal heirs equally i.e.. you both have 50% share in the property.
- Further, in the existence of first wife , the marriage with the second wife is not valid , and even he had converted at the time of marriage with the said Muslim lady.
- Further, during the life time of her husband ,a wife having not right over the property of her husband , except she can claim residential right from her husband.
- If she is staying in your share of the property, then she can be evicted after filing a suit for Mandatory injunction before the civil court, and her husband can approach the family court .
Filing an application for injunction: If you are seeking peaceful entry and stay in your house, you may consider filing an application for an injunction under the Specific Relief Act, 1963. It is advisable to consult with a local lawyer who specializes in property law to determine the appropriate court to file the application. They can guide you on whether to approach the civil court or family court based on the specific circumstances and applicable laws in your jurisdiction.
Filing the application yourself: It is possible to file the application yourself, especially if you are unable to afford legal representation. However, it is important to note that legal proceedings can be complex, and having a lawyer represent you can provide valuable expertise and guidance throughout the process. If you decide to proceed without a lawyer, it is recommended to thoroughly research the relevant laws, rules, and procedures governing injunction applications in your jurisdiction and ensure that you properly prepare and present your case.
Possibility of a case under the Domestic Violence Act (DVA): The applicability of the Domestic Violence Act, 2005, would depend on the specific circumstances and evidence presented. Since I do not have all the details of your situation, it is challenging to provide a definitive answer. However, based on the information you provided, it seems that there may not be a shared residence with your sister-in-law, which could be a relevant factor in determining the applicability of the DVA. It is advisable to consult with a local lawyer who can review the specific details of your case and provide accurate advice regarding the possibility of a case under the DVA.
