• Property

Sir, my brother is in IAF and he married his colleague in Nov 2014 in court. Later, the girl started torturing him and threatening him of filing false charges of dowry on my family. My brother filed for divorce and they started living separately but a few months back they both started living together and now they are getting socially married. He said that his senior officials suggested them for this. The girl's family arranged everything without letting us know anything about marriage. we came to know about their marriage this month. My parents are not against this marriage, but none of my family members are attending the marriage because they do not want to get into any trouble like past. we haven't asked for anything, neither we have communicated  nor have we ever met her parents. 
       we are afraid that if she comes home and blames us of false charges, she might claim for my parents property. People suggested to disown my brother. 

Is there any procedure to keep the girl away from our family and to protect the family of any false charges. Also how can we protect our property without disowning my brother.
Asked 18 days ago in Family Law from Delhi, Delhi
Religion: Hindu
1. The disowning has no legal effect and by this means a person can not deprive a heir from succession of ancestral proeprty.
2. Similarly such disowning does not guarantee any protection from legal proceedings.
3. So if you do not want that girl to visit or meet you, it is fine. But do not cause any problem to your brother from leading a normal life with his wife.
4. Do note that even if the girl does not come to your house, still she can name you in the FIR if the case is at all filed by her in future.
5. So behave normally so this marriage succeeds.
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
1) who is the owner of the house? 

2) if your parents own the house they can restrain your brother and his wife from disturbing their possession of the house 

3) they can obtain restraint order from court 

4) also install CCTV cameras in living rom of the house . 

5) no need to disown your brother 

Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Dear Querist
Publish the declaration in two Leading news papers regarding the same and then the owner of the property may file a civil suit for declaration before the court.

you and your family may file an information cum complaint against her before the govt. authorities which should be only for record and not for any action and mentioned all your apprehension and disconnect from her.

Feel Free to call 
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
your parents should obtain restraint order from court restraining her from disturbing your possession of the house . 

2) if the house is owned by your brother court would not pass any such order 

3) you cannot stop the lady from filing any false case . obtain AB from sessions court in case false dowry harassment case is filed 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. The owner of the property can refuse to allow entry inside his/her house to her. If she attempts to force her way in then a criminal complaint for house trespass may be filed against her. A suit for permanent injunction may be filed against her as a preemptive measure to restrain her from trespassing into the property.

2. Under the present law a married woman has no share in the property of her in laws. 

3. If she files false complaints then your parents may obtain anticipatory bail to preempt their arrest and detention.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
 we are afraid that if she comes home and blames us of false charges, she might claim for my parents property. People suggested to disown my brother. 
Is there any procedure to keep the girl away from our family and to protect the family of any false charges. Also how can we protect our property without disowning my brother.

Legally there is no provision to disown the son by their parents.  
Hence whatever done this way is nothing but ignorance of law as well as an act of anxiety owing to the rumors.
Firstly you should be aware that your brother's wife cannot claim a share in the property as a right during the lifetime of your brother itself thus she cannot even think of claiming a share in her law's properties. 
Therefore your fears about her claim in your father's properties are unnecessary.
Hence do not indulge into any such foolish act of disowning your brother from the family, it shall be an insult to him and may even cause mental depression to him.. 
The property will remain protected and secured from any harm and you can shed your fears away in this regard. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Sir, we want them to live happily but we do not want her to have any contacts with rest of my family members.
how can i protect my family from any false charges? how to stop her from coming to our house.?

You should advise your brother to not entertain her if she is urging him to take her to your house.
If it is your father's property, he may file a suit for mandatory injunction restraining her from interfering into his peaceful possession and enjoyment of his property by restricting her entry itself.
If she is filing false cases, then you all may first obtain AB and then challenge her case in the trial court 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
433 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0