Family disputes
SOMI
(Querist) 31 May 2012
This query is : Resolved
I was married in 1986 to Mr. A, and became pregnant in 1988, at that time my mother-in-law told me that I will not look after your child and you to do whatever yourself, I became depressed and in a few days my mother in law & father in law with the support of their 3 daughters (all are married) create to much problems in house that I with my husband leave that house in August 1988. In Dec. 1988 I gave birth to my son, than my mother-in-law and father-in-law come to our house and insisted us to come back to there house, we sold that house in 1989 and come back than again my in laws create problems fights daily and then we again separated, in 1995 my brother-in-law attempted suicide by burning himself, because he had lot of debts to pay and finally he expired, than my in laws again come back to us bring to there house we live together for 1 year again and same situation created we went back to our house than again my mother-in-law diagnosed with utters and intestinal cancer in 2000 and we came back to there house, she was operated, in the meantime my father-in-law met with an accident and his leg was broken from 4 places, we went to various hospital for 9 months but no relief, we to take mother in law after 20 days for check up and chemotherapy, my husband is alone son and have 3 sister no body at that time came to help us, My husband has to close his shops for so many days for there treatment and we spend all over savings and suffer in business. Finally my husband take his father to a Muslim doctor and he assured him that in 3 months my father-in-law will be fine and can walk himself. They both became fine in next 6 months (total period 19 months)than they both came on there strategy and we left that house again in 2010 my father in law got paralytic attack and our relative come to our house and told about that my husband and I took him to AIIMS at 7 A.M. at 11 P.M. doctors told us that he got head injury prior to this attack 10 years before which was not treated at that time properly due the swelling in his brain nerve he got this attack and there is no treatment for this except 3 tablets which you have to give him daily till he alive, now my mother again ask to come to that house, We told her that We will come here daily but not permanent ally my husband stay in the night and I stay from 10 A.M to 9 P.M. daily, first i cook food for my family which we have to eat in breakfast, lunch and dinner, than came to in law house and cook food for them than wash father in law and take him outdoor, he became very hostile and paralysis converted into dementia disease, it take 20 months, he lost his eye sight, listening power, no control on urine, stools etc. abusing and hitting always finally he expired in 2011, now again my mother in law who is 82 years old told us to go out of home because she now interested to live with her one widow daughter, in the meantime in 1995 my father - in -law write his will and bequeathed his residential house which 35 sq. ft. to his son name, but added that till my wife alive she will be owner of the house and after her death my son will be absolute owner of house.
Now my mother in law and sister in law doing all type of tactics to remove us from that house, we want to stay there as per our father-in-law will.
Can we (my husband and my son)lived there forcefully although other do not like this can police or court harass us, my sister in law now telling us that you are creating problems for our mother and she is ill if she (sister in law) stay there she will look after my mother better and she told us that you are not staying here permanently therefore you are not entitled to stay here. My elder sister has one daughter 36 years old and a son 31 years old both unmarried, actually they are staying in uttar pradesh now want to shift to our house, is it right, we dont want to live with sister family, can we legally made objection for there stay at that house. We are staying there from the last 7 months permanently doing all the expenses and maintaining that house but elder sister always come there create problems in the family and my mother in law also become very rude to us. My mother got 8500/- by way of fixed deposit in post office and senior citizen pension + my father pension for her personal use, rest all the expenses borne by us.
Please help us, what should we do?
He also mentioned in the will that after my death my son will be the absolute owner of all the furniture and other house hold goods except cash & jewelery, my wife will be absolute owner of cash and jewellery and she has full right to use as she like and give to someone nobody will raise any objection, now how can we protect our house hold goods if our sister's and their children live here, e.g. when they arrive they start 2 A.C. while sitting in single room open our Almira if something missing then my mother blame my family, please clear it.
They say there is lot salt in subzi you dont know to how to make food etc.
We just want to live there peacefully till my mother-in-law alive after that my husband wants probate of will and transfer procedure.
Did I with my husband and son have right to live with my mother-in-law leaglly please answer.
ajay sethi
(Expert) 31 May 2012
apply for probate of will immediatedly .
as per will your mother in law has right to stay in said house till she is alive and after her death you r husband will be absolute owner of the property .
if your mother in law wants her widowed daughter to stay with her you cannot object .
similarly if your mother in law wants her grand children to come and stay in said house you have no right to object .
Shonee Kapoor
(Expert) 02 June 2012
I fully endorse the views of Ld. Sethi, also want to add that such matter can best be resolved amicably.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
