• Domestic violence

Hello, 
My father mentally tortures my mother, me and my sister a lot..  he is basically an alcohol addict.. he leaves the gas open which could have caused explosion and creates scenes in the society that we live in .. he hit my sister lately.. n things are getting out of control..  he threatens us to leave the house and we dont have any other property where we could go.. he threatens us that he would transfer the house to someone else and we wont have a place to live in .. this house was transferred to him by my grandfather..
my question is.. can he transfer or sell or even make us leave the house ? and if yes than what would be ideal steps that we could take to get the house back.. we dont need the property n all we just need a place to stay in.. 
and also if his atrocities keep increasing what measures can we take ?
Thank you !
Asked 8 months ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1) you and your mother can file DV case against father seek protection order , maintenance  , right to stay in matrimonial home 

2) your mother can seek injunction restraining her husband from creating third party rights in said flat 

3) your father will not be able to sell the flat in case stay order is granted by court 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
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Hello,
1) If you and your sister are adults, your father is not bound by law to maintain you both and if he asks you to leave the house, you have to leave. However he has no right to use any form of violence or torture against anyone in the family.

2) Your mother however has the right for a residence either shared or otherwise to stay in and has also the right to be maintained by your father. The options open to your mother include filing a police complaint  and a DV case in the Magistrate's court under provisions of Protection of Women from Domestic Violence Act 2005.

S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
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1. Try to resolve the issue sitting at home.
2.if that does not work then legal recourse is only option.
3.Under the legal recourse I would for the time being suggest you to file case under PWDV Act only.
4. Under the Act the minor children and the wife can get monthly maintenance.
5. Moreover they get order of residence in the same house as well if the house belongs to the husband/father.

So meet a alwyer and do the needful.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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An owner has an indefeasible right to sell his property to anyone he desires but this right is subject to his social and legal responsibilities towards his wife and children. Your mother can file a case for domestic violence in the court to seek injunction against the sale of house by him if she does not have any property of her own. Furthermore, she can also claim alternate accommodation at the expenditure of her husband.
Ashish Davessar
Advocate, Jaipur
18206 Answers
449 Consultations
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1. first you file a case under section 18/19/20/21/22 of domestic violence act and get monetary and accommodation relief.

2. court can restrict his entry in a portion of house where you are living. 

3. he cannot sell any portion of this house because it is an ancestral property and you along with your sister have right in it. 

4. take temporary injunction from the court for alienation of this property. court may restrict him to alienate any ancestral property.   
Shivendra Pratap Singh
Advocate, Lucknow
2773 Answers
41 Consultations
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my question is.. can he transfer or sell or even make us leave the house ? 

He is the absolute owner and he has all the rights to sell the property on which he has marketable title. 



and if yes than what would be ideal steps that we could take to get the house back..

You cannot retrieve the property once sold o any grounds.  Your mother can file an injunction suit restraining him from selling the property until he makes an alternative arrangement for her and her unmarried daughter  as she has residential rights and it is his duty to provide shelter/residence and maintain them.  This way it can be ensured that the property is not being alienated. 



 we dont need the property n all we just need a place to stay in.. 
and also if his atrocities keep increasing what measures can we take ?

Your mother can file DV case seeking protection, residence rights, maintenance and any other reliefs including compensation for the mental and physical tortures meted out to her. 
T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
5.0 on 5.0
1) your mother can file for divorce on grounds of mental cruelty 

2) if your father has worked in past he is not entitled to maintenance 

3) your mother has no rights on her husband property after divorce 

4) contested divorce takes around 5 years 
Ajay Sethi
Advocate, Mumbai
23371 Answers
1224 Consultations
5.0 on 5.0
Why is that your mother is thinking of taking divorce from your father?
Well she can file a divorce case on the grounds of cruelty.
If your father is drawing pension he cannot claim maintenance from your mother.
Once she takes a divorce from your father she has lost all her rights in her matrimonial house.
She cannot seek residential rights too after their marriage is dissolved.
The divorce case may take two to three years to get disposed.
T Kalaiselvan
Advocate, Vellore
14154 Answers
127 Consultations
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The grounds are cruelty, adultery and desertion under Hindu law. Under the present law in India a wife has no right to claim a share in the self acquired or inherited property of her husband, her only right is to claim maintenance and residence in her matrimonial home. 
Ashish Davessar
Advocate, Jaipur
18206 Answers
449 Consultations
5.0 on 5.0

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