• My sister and her husband harassing, threatening my dad for property

Dear Sir/Madam, My dad is retired employee and a senior citizen. My mother committed suicide in the year 1998 objecting my sister's marriage with person A. But my sister pressurized and out of compulsion, she is the only daughter, my dad accepted the marriage with person A. She got married in the year 1999 and as part of marriage formalities, my father agreed to pay them around 2.5lks. Initially, he paid 1lk and later fixed deposited remaining amount. Later, my dad got married to another lady who is my brother-in-law's relative in the year 2001. This, my sister's in-laws and her husband didn't like and lot of disturbances within the family and they demanded for more dowry. To pacify them, my father registered a piece of land on my sister's name. then my sister got blessed with a girl.  In year 2002, disturbances broke between my brother-in-law and his parents over a newly constructed house. My brother-in-law claims he constructed the house with dowry amount, my brother-in-law's father says he build it ( the piece of land actually belongs to him only). Again my father intervened and gave some amount to pacify them. 
In the year 2004, my brother-in-law started an illegal affair with one of his relative(person B) and disturbances arised between my sister and him. Person B's parents came to my sister's house and threatened them over illegal relation of my brother-in-law with person B. my brother-in-law didn't stop this and it aggravated and in 2005, she came back to my parent's home. After lot of mediations, settlements, my sister decided to stay back with my brother-in-law. Even then, every now and then lot of disturbances between them and my father suffered a lot. He attacked with mild paralysis stroke and got admitted to hospital. My brother-in-law never came back to our house. 
In Feb 2012, when I was getting married and out of social compulsion, my father invited them to our house and he participated in the function and created lot of nuisance. My brother-in-law daughter is getting older and in July 2012 there was a half-saree function of my niece. Even at the function, he argued with my parents for money etc. All of sudden, just two days after my niece's function, he left the house and eloped with person B(who got married with another guy). We were all shocked. 
We have registered a police complained, he was taken to custody got released on bail. Out of pressure from her in-laws and thinking about her daughter, after lot of mediations, my sister withdrew the complaint and he is back home and she went to his home. His hatred towards us escalated after this incident and it's growing day by day.
Again from last 15 days, things are so disturbing and he is calling our parents to take our sister home. He don't want to live with him and abusing my parents like anything. My mom went to his home to talk, he abused him a lot. 
Please advice us sir/madam, what can be done in this situation.  my brother-in-law says he dont want my sister. My niece says she wants both mom and dad. for the last 15 years, we have been suffering with lot of tensions, abuses, and threats. what can be done?
Asked 5 months ago in Family Law from Warangal, Telangana
Religion: Hindu
1) your sister should file for divorce by mutual consent 

2) there is no future with the abusive husband 

3) she should take custody of her daughter 

4) seek maintenance for her daughter and alimony from her husband 

5) your father should file complaint of criminal intimidation under section 506 of IPC if son in law threatens him 

6) your father cna execute gift deed to transfer property in your name . gift deed should be duly stamped and regd 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
1) your father can move court and seek injunction restraining son in law from disturbing his peaceful possession of the house 

2) he can sell the house or execute gift deed in your favour 

3) in alternative execute will bequeathing house to you . 

4) will should be attested by 2 witnesses and registered 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
1) mobile recordings of brother in law abusing your  father  will help him  in filing complaint of criminal intimidation under section 506 of IPC against BIL 

2) you cannot force your sister to divorce her husband . 

3) it is her call to stay with husband or divorce him 

4) sister can without divorcing her husband file DV / 498A case against him 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
Again from last 15 days, things are so disturbing and he is calling our parents to take our sister home. He don't want to live with him and abusing my parents like anything. My mom went to his home to talk, he abused him a lot. 
Please advice us sir/madam, what can be done in this situation.  my brother-in-law says he dont want my sister. My niece says she wants both mom and dad. for the last 15 years, we have been suffering with lot of tensions, abuses, and threats. what can be done?

Your brother in law seems to be a hardcore and he can never amend himself.  He has seen only luxury and funds in life and he will not compromise his luxurious and play boy type of life style for anything even if your parents still fully satisfy all his demands. 
It is better that your sister stay back in your own house, lodge a complaint for his atrocious and cruel acts including domestic violence case agaisnt him 
She can file a dowry harassment case quoting all the past financial transactions that were made by your father to him and if possible she can file judicial separation and a maintenance case under section 125 cr.p.c. agaisnt him for the present, which will make understand that the law cannot be cheated and he cannot fool around people with his arrogant behavior for ever.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
What if my sister doesn't want to file a case, what can be done by my parents or me as her brother to completely away from this nonsence for years. Please advice and help us sir, my dad who already had a paralysis stroke earlier and is again feeling very tensed these days.

There can be no remedy without legal assistance. He is not of the type to listen to anyone's advise including the elders of both sides.  He has got scant respect to not only to the elders but also to the married life itself.  If he is allowed to continue his atrocities he may not come under any control and he will continue to torture and trouble.  The best thing to avoid him doing all those illegal acts is to take appropriate legal action which will certainly bring him under control at least to the fear of law.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
Sir, please advice, what can be done if my sister resists to apply for divorce thinking of her daughter?? How can we approach this case? I have mobile recordings of my brother-in-law abusing our family, will they be any useful?

If he is creating problems in the house your father can lodge a complaint against him with the police for nuisance and assaults or for other illegal acts.
But without your sister's consent you cannot proceed legally against him for divorce or any other legal action from your sister's side against him.  You have to prepare your sister accordingly and also the niece.  You will  not get any respite if you sit in the corner and keep brooding over the incidences without taking any legal action for remedy or relief. Get into action by standing up so that he runs away with fear noting that you people started revolting against his arrogance.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
Your sister alone can apply for dissolution of marriage as she alone is married to this man. Be that as it may, neither your sister nor her husband can even enter your parents' property without their consent, let alone residing therein. If they have a genuine apprehension that their son-in-law may trespass into their property then they may file a suit for injunction against him in the civil court.
Ashish Davessar
Advocate, Jaipur
18095 Answers
448 Consultations
5.0 on 5.0
Apart from filing a suit for injunction your parents can also file a criminal complaint for criminal intimidation against their son-in-law.
Ashish Davessar
Advocate, Jaipur
18095 Answers
448 Consultations
5.0 on 5.0

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