Re: daughter in law lock the flat of father in law who is owner
SAM
(Querist) 23 August 2013
This query is : Resolved
Dear Sir's,
Daughter in law is staying alone without her husband for more than 2 yrs in the flat which is owned by her father in law and have now locked the flat and went to stay in her father room.
Now father in law have written a complaint letter to the sr. inspector about the same but the ACP of the concerned police station have informed the Husband to go for MCD and file for divorce petition, but wife do not want to go for MCD.
In this case what should father in law do apart from filing a complaint in police station or should FIL file a civil suit in appropriate court?
Father in law have informed the society by a letter that not to allow DIL to stay in the flat without permission and consent of father in law (Who is the owner of the flat) and also mentioned in the letter that if the DIL (daughter in law) do any coercive steps, then in the case the FIL is not responsible for the same.
Now society have also informed father in law vide a letter not to allow DIL to stay alone in the flat without her husband as she is not of good character or else they will take strict action against DIL and pass a resolution.
Please help to solve my query in the case how should FIL protect his rights as well as his family rights?
Thank you,
Regards,
SAM
V R SHROFF
(Expert) 23 August 2013
do u want to protect FIL Flat ?
or DIL residence interest??
As DIL can move JMFC get DV residence Order. You hv to counter it.[issue notice she left Flat willingly & voluntarily, etc etc ]
SAM
(Querist) 23 August 2013
I want to protect FIL Flat
Whom should I issue Notice to?
To the Police, or to her (DIL)?
She has now complain to Police station that she is being harrased too much by her husband and her brother in law.
Should her husband write a complaint letter to police station regarding mental harrassment & cruelty by his wife?
Reply asap.
Regards,
SAM
Shonee Kapoor
(Expert) 23 August 2013
You should file a case for possession of the property.
Regards,
Shonee Kapoor
www.facebook.com/shoneekapoor
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com
Twitter: https://twitter.com/shoneekapoor
Yahoogroups: http://groups.yahoo.com/group/sahodar
If you don't fight for what you want, don't cry for what you LOST.
R.K Nanda
(Expert) 24 August 2013
FIL must send legal notice to DIL to vacate
his flat.
Raj Kumar Makkad
(Expert) 26 August 2013
Daughter in law has no legal right to retain the property of her father in law and in such circumstances, the father in law can file a suit for eviction after giving a notice to her.
Sudhir Kumar, Advocate
(Expert) 24 October 2013
she has a right to reside in the matrimonial home regardless of the ownership but not having a right to lock it and flee.
