My bro’s wife forcefully occupied my mom’s home and necked her out the home
Vishnu
(Querist) 21 January 2016
This query is : Resolved
Sir, my Brother has filed for divorce and the matter is in Secundrabad court. My brother and his wife used to stayed in Secundrabad. In April 2015, my brother's wife along with her parents came to our native place in Karimnagar on the excuse of having a discussion with our elders and they returned leaving my brother's wife there. Since then she is forcefully staying in our newly constructed home and she even necked out my mother from the home in May 2015. A case was booked and FIR was registered on my mother's complaint against my bro's wife. The matter is in court, my bro's wife has not attended the 1st hearing and the next hearing is in March 2016.
The land on which our home was built was gifted by my grand father to my mom through a Gift DD and I contributed to majority of the construction of the house. And my bro's contribution was nothing.
Now my brother's wife who is forcefully staying there is claiming it as her property and says that she will sell it and take the money as settlement for divorce.
My Brother's wife is still in that house and filed 498A and DVC on us.
Sir, please let us know whether it is possible for her to sell the property and also how we can make her leave the house as my parents are senior citizens and are worried that their life earnings which were spent on the house, will they ever get the chance to stay there.
Kumar Doab
(Expert) 22 January 2016
She has no forced share in ancestral or self acquired property of her husband (in his lifetime) leave apart your mother.
You may eject her.
Ask your brother to take her in his rented accommodation.
If your mother is senior citizen she may approach the tribunal for senior citizens.
Rajendra K Goyal
(Expert) 22 January 2016
She has no share in the property to sell. Discuss the steps to be taken with your lawyer for her eviction.
K.S.Srinivas
(Expert) 31 January 2016
Consult a local lawyer.
Sudhir Kumar, Advocate
(Expert) 27 February 2016
she has a right to stay in the house irrespective of the ownership or her right on house, as long as divorce is not there.
She has no right to expel mother from her house.
You told that the criminal case is filed against her you have not stated whether she is on bail or not.
You are also not clear as to which case she has not attended, whether ti is divorce case filed by/against her or criminal case filed by/against her.
