father's threats to evict me and my family out of house
Querist :
Anonymous
(Querist) 19 May 2010
This query is : Resolved
Sir, I live in a joint family and joint house of my father and uncle. I got married in 2005, and my marriage was arranged marriage by my parents. After marriage, my parents have been raising trivial disputes with me and my spouse.
My parents trouble me because I have a daughter and not a son while my brother has a son.
These days my parents are threatening to evict us from our common house on trivial matters. The house is a joint property registered in the name of my father and my uncle. I understand that if the property is registered in the name of my father and uncle then I cannot do anything. Is there anything, that I can do to save my family( wife and daughter) from this harassment and eviction threats. Is there any law to protect the interest of the girl child in property matters.
what are the reprecussions if my wife files a dowry case aginst my parents to protect the 3 of us.
Guest
(Expert) 19 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE MATTER KINDLY NOTE THAT.
1.YOU MAY FILE A COMPLAINT TO THE COURT ON BEHALF OF YOUR WIFE UNDER PROVISIONS OF SEC.12 AND OTHER PROVISIONS OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT AND PRAY FOR PROTECTION ORDER AND RIGHT TO RESIDE IN THE MATRIMONIAL HOME WHERE THE MARRIED COUPLE RESIDED. YOUR WIFE CAN CLAIM MAINTAINENCE AND SHARE AND RIGHT TO RESIDE IN THE SAID MATRIMONIAL HOME AND COURT WILL ALLOW STAY FOR THE SALE OR TRANSFER OF SAID HOUSE AND ALSO ORDER STAY AGAINST EVICTION OF YOUR WIFE.
YOUR PURPOSE WILL BE SERVED.
IN CASE YOU NEED ANY FURTHER HELP YOU MAY KINDLY SEND DETAILS OR CALL.
THANKS.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 19 May 2010
Dear Author,
As per as the right of daughter in law in the property of parents in law is concerned she has no right. for more queries u can contact me at 9871158578
B K Raghavendra Rao
(Expert) 19 May 2010
It looks as though your father and your uncle jointly purchased the house in which event you have no share or right over the property right now.
You will have to manage with your parents or quit. It is not advisable to counter the harassment and eviction threat with a false dowry case.
Querist :
Anonymous
(Querist) 20 May 2010
Sincere thanks for all the suggestions. actually, i would like to clear that the property was purchased by my grandfather. However, the property is registered in the name of my father and my uncle. can it be proved in court that the property is ancestral and therefore I do have a right on it.
My main concern is the discrimination that my wife and daughter face( because I have a daughter and my brother has a son). isn't there a single law in the Indian legal system which could protect the rights of the female gender when discrimination of such type exists?
Sudhir Kumar, Advocate
(Expert) 09 August 2014
please visit the thread
http://www.lawyersclubindia.com/experts/Father-in-law-s-threats-to-evict-me-and-my-husband-out-of-house-as-their-dowry-demands-r-not-fulfild-489406.asp#.U-WIlaNvdG0
is it from your wife?
Sudhir Kumar, Advocate
(Expert) 09 August 2014
If the property was purchased by grandather then it is not so easy to evict you your wife and daughter.
All that is required is your father and uncle to be called to Thana or CAW. They know how to deal with such people.
