• Vacation of property

The wife of my grandson has forcefully entered into my property on 9th May.  Though my son, his wife and my grandson have shifted to rented accommodation on 3rd May.  But she is staying in one of the room in my property and police helped her to stay there.  She is preparing food in that room and doors open which really bothers.  If we close the door of his room she calls Police and Police only support her.   She is torturing us a lot. She abuses us and freely loiter in our home in the night and threaten us also.  I am 87 years old and my wife is 82 years old. We are mentally and physically weak. I have filed injunction suit in the civil court. But her lawyer has taken a mediation citing that this is a matrimonial dispute.  Mediation is going on but we are not interested in mediation as her demand is too high.  She has filed FIR against us and DV case against my grandson and his parents.  What should we do now.  Please advise. We are Hindu
Asked 5 months ago in Property Law from New Delhi, Delhi
Religion: Hindu
If she managed to get a FIR registered then you all should get enlarged on bail first and then face her false cases.
On whose name is the property? 
If it is in your name, then you say no to mediation.
  Let her lawyer say anything, what is you lawyer doing without objecting to their gimmicks. It is not necessary to attend mediation while there is nothing you have to do with their matrimonial dispute.
  More so, the property belongs to you, i at all she has any claim she can do it only in the matrimonial home which is the place where her husband residing and not in somebody's place. 
You can seek protection under senior citizen's welfare act for being dragged into the cases unnecessarily where you have no role to play
If your lawyer is not cooperating properly or found not to be effective, you can change him for a better lawyer. 
You can approach high court for quashing the cases against you for the said reason.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
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You have already filed an eviction petition , you may have to follow it properly. 
 Instead you could have file a complaint with the local police or magistrate for criminal trespass against her if she has made an illegal entry into the house.
Your grandson may file divorce case even now on the grounds of cruelty if his marriage is over one year from the date of marriage.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
1) i presume it is your self acquired property

2)grand daughter in law has no rights on property standing in your name 

3)you should record her abuses and install CCTV cameras in the house .

4) you should file suit to direct her to evict portion of house in her possession 

5) it is not her matrimonial home and she has no rights on your house 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
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your grand son can file for divorce if he so desires on grounds of mental cruelty 
Ajay Sethi
Advocate, Mumbai
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1219 Consultations
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1. You should file a criminal complaint for house trespass against her. It is not understandable as to why you have filed a suit for injunction. The remedy in this scenario is to file a suit for eviction and not injunction. The order granting mediation can be challenged in the High Court on the ground that it is misconceived being passed bypassing the trite law that the courts should not encourage mediation if either party is prima facie found to have committed criminal acts. 

2. In so far as the FIR filed against you is concerned you should move the High Court for quashing of FIR.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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