Self acquired property !!
sanjay
(Querist) 08 November 2014
This query is : Resolved
Hellow I a 65 years hindu widow women and staying in delhi in my self-acquired property with younger son (married) and my elder son widow daughter in law. after my elder son death my widow DIL starting harassing & quarrel with me. she’s staying in the extended portion of my property. She has also keep one more girl alongwith her without my permission.
And they both are harassing and quarrel with me and want to grab my property. Now I have filed a suit of possession case against her.
They even not paying electricity and water bill which is coming almost more than 4000/ pm. We are already having a submeter for extended portion and present the bill reading to them on monthly basis but they are not paying the same. Till date my younger son was paying the bill, I was thinking that will get it done through court, but now hearing date is coming nearly in 2mts and its now becoming very difficult to pay the bill as our financial condition is also not well.
Kindly suggest:
Whether we need to disconnect her electricity connection.
Or should we wait for the jurisdiction.
Kindly also suggest:
Should we also need to file a eviction suit for the girl which is staying with widow DIL
Or is their any other way to evict her.
kindly provide your valuable solutions..
Sudhir Kumar, Advocate
(Expert) 08 November 2014
whether electricity bill is part of the civil suit.
has the court passed any interim order.
does she have a source of income.
do you have a source of income.
Advocate Kappil Cchandna
(Expert) 09 November 2014
Dear,
The girl is staying as tenant or living there just with your DIL? You can stop the electricity if she is not paying the money.
Adv kapil chandna, 9899011450
Anirudh
(Expert) 09 November 2014
The matter is already in Court. It will come up for hearing within 2 months. What is the hurry.
THE MOMENT YOU STOP ELECTRICITY AND/OR WATER, PLEASE TAKE IT, YOU ARE DIGGING YOUR OWN GRAVE! NO COURT WILL PERMIT IT. BY DOING SO, INDIRECTLY, YOU WILL BE GIVING A CHANCE TO THE OTHER SIDE TO GET RELIEF from the court.
Sudhir Kumar, Advocate
(Expert) 09 November 2014
agreed with Mr Anirudh.
If you reply the following questions, then you can be enlightened what more trouble you can get :-
I reiterate
whether electricity bill is part of the civil suit.
has the court passed any interim order.
does she have a source of income.
do you have a source of income.
Guest
(Expert) 09 November 2014
Electricity and Water Connections Could be Disconnected on Valid and Evidential Grounds Like Non Payment of the same with Sufficient Proofs.
sanjay
(Querist) 09 November 2014
hellow sir, she didnt get any interim order from civil court where we have file a case, she has taken a ex parte interim releif stay order from mahila court, where she has file a false DV case. we came it to know from Women commission where their advocate has submitted the case paper with stay order copy. but till date we didnt received any summon from court.four months is already over of this matter. and now the father of girl who is staying with DIL is also threatening me that i can't even evict that girl as she's staying with DIL not with me.
DIL is working in place of my dceased son.
and i dont have any source of income apart from pension Rs 7000 PM.
the other girl staying with DIL is not a tenants.
we are having all sufficient document to proof that we are paying as we pay through bank.
now i am not in a condition to pay electricity and water bill wherein DIL dont have any contrition. kindly help...
Sudhir Kumar, Advocate
(Expert) 09 November 2014
you have now disclosed that
"she has taken a ex parte interim releif stay order from mahila court, where she has file a false DV case. we came it to know from Women commission where their advocate has submitted the case paper with stay order copy. but till date we didnt received any summon from court.four months is already over of this matter. and now the father of girl who is staying with DIL is also threatening me that i can't even evict that girl as she's staying with DIL not with me.
"
the reasons for hiding vital facts are not known.
Please come with if any more facts are there.
Devajyoti Barman
(Expert) 09 November 2014
I fail to understand the wisdom behind filing of suit for possession when the house is own one and under your possession as well.
You can apply for ouster of your DIL from your property in DV Case.
If the separate meter is there for their use, you can apply for disconnection too.
You have every right to be ruthless towards such scoundrels so you may live in peace in rest of your life.
Devajyoti Barman
(Expert) 09 November 2014
I would strongly recommend you to file one case in Senior Citizens Tribunal also which are generally run by the Office of District Magistrate/Collector so the errant DIL or possibly your son may be put to task.
Guest
(Expert) 09 November 2014
Dear Author ,the DIL even if she is widow she is your Daughter.You should appreciate she had not left the house even after death of her husband.Instead of being carried away by your other relatives like your younger son etc think how she would have lived if her husband was there.She is only having a girl for her own support and what is wrong in it.You have also not disclosed about her children. What you people had done to her we can not decide.Go for Amicable Solution with Humanity Other than Legality Please.
Sudhir Kumar, Advocate
(Expert) 09 November 2014
have you informed the court (where eviction matter is pending) regarding pending DV case against you.
Sudhir Kumar, Advocate
(Expert) 09 November 2014
DV Act is basically intended to protect a DIL but not to evict her from the shared household.
For agreeing with Mr NJ Rajkumar I would request you to be please be enlightened of some provisions of DV Act.
Section 2 (s) “shared household” means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household.
Section 3 (iv) “economic abuse” includes¬—
(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;
(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and
(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household.
Explanation II.—For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence” under this section, the overall facts and circumstances of the case shall be taken into consideration.
17. Right to reside in a shared household.—
(1) Notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.
(2) The aggrieved person shall not be evicted or excluded from the shared household or any part of it by the respondent save in accordance with the procedure established by law.
Devajyoti Barman
(Expert) 09 November 2014
Mother in law also file DV case against the DIL.
Since the property does not belong to the husband the DIL can not get any protection as far as protection in household is concerned.
Guest
(Expert) 09 November 2014
I Read in a News Paper after 2020 the Average age of Indian is going to be 29 years only.It is better to sort out at least family disputes amicably and peacefully before the END.
sanjay
(Querist) 10 November 2014
dear sir, i was always open for amicable solutioins, that's why we have been gone thorough family counciling on my request but DIL didnt appear on the date. and i have also request to women commission and we had a scheduled counciling but again DIL didnt appread. her advocate has appear instead of her.
so, sir now you can assume what's intention, why she's been here. she's just want to grab my property and want to harass me. she dont have any child.
and regarding ex interim stay order, i didnt received any formal summon/Letter from court till date. i came it to know from women commission when her advocate has submit the same.
Guest
(Expert) 10 November 2014
Wheteher your DIL is having Child or Not is the Question if your son is alive whether he will allow you to chase her out Please
Sudhir Kumar, Advocate
(Expert) 11 November 2014
Mr NJS Rajkumar is giving logic after logic.
Instead of listening to practical solution offered by her and you seem to be blind to the reality.
He advised you amicable solution and you are talking of dates in woman commission. Amicable solution happens in drawing room only.
Now if you want to talk law then realise and live with the following realities :-
(I) sati practice stands illegal since last 150 years. So now widows are living on Indian soil.
(II) right of parents-in-law to throw out widow DIL is now a mater of history. she is earning and not be ready to go to in a Vrindavan or Kashi.
(III) DV ACt as described above, is also a part of the law of Indian legal system which cannot be ignored in favour of your right of proprietorship. Law casts a duty to you not to disturb her.
(IV) she is not an intruder who can be thrown out.
(v) She is not a tenant who can be thrown out for not paying rent.
Devajyoti Barman
(Expert) 15 November 2014
If house is yours, she can not get protection order. If she gets , you can challenge the same in high court.
You Can file eviction suit to evict her as she is nothing but licensee for you.
