Need advise
maitri
(Querist) 17 March 2014
This query is : Resolved
My brother's wife has filed 498A against we four sisters and my mother and against him 8 months back The case has not stand in the court till now as my one sister resides in US and cant come due to her ill son.My brother owns a hospital for which the entire false allegations made by his wife,She stills stays in the bunglow and she has occupied 2 floors of the hospital one where she has her OPD she is a doctor and top floor is the residence.My brother started to live separately in small rented room outside as there is threat from her He goes to his first floor OPD every day .Half of the property is of my elder sisters name as she has taken the loan for my brother.and this devil wife not contributed a single penny but still got hold of the property after accusing us for false 498A My sister sent her 15 days notice to vacate the ground floor through civil lawyer and we have her acknowledgement of the post .Today after 15 days got over my sister asked our close relative to lock the ground floor of the hospital but that devil brother's wife broke the locks
and threatening my brother to do whatever he wants she would not vacate the hospital.Property papers shows the proper partition and confirms that ground floor belongs to my sister.How can we get rid of this devil lady?.My brother says that we can not remove her from residence as residence on top floor belongs to him so she can claim her right but ground floor is completely owned by my elder sister who is also one of the accused.We are afraid of going in the premises as we know that that insane lady is waiting for us so that she can put one more false complaint against us.So pls advise us how my sister can take that ground portion back?.our lawyer says that file the PC for breaking the locks in the police station but it will not solve the problem.
Devajyoti Barman
(Expert) 17 March 2014
It is better to physically restrict her from entering the ground floor and take back possession of the same.
You have legal recourse but that would take lot of time.
If you could not do the first option then file suit for eviction and injunction against that lady.
Rajendra K Goyal
(Expert) 18 March 2014
She is taking benefit of law abiding attitude from your side and very slow motion of legal recourse. Legal recourse is time consuming.
Consult a local lawyer in such situation if does not want to enter the premises forcefully.
Biswanath Roy
(Expert) 19 March 2014
You shall have to follow legal tricks. At first your elder sister shall file a Civil suit declaratory in nature along with an injunction petition petition against your brother's wife restraining her entry in the portion belonging to your elder sister and obtain an ex-party injunction order showing cause of emergency and simultaneously file an application before the Judicial Magistrate u/s.144Cr.PC AGAINST YOUR BROTHER'S WIFE stating apprehension of breach of Peace and tranquility in the locality and order obtained thereof shall be served upon the police of local P.S. by hand. and thereafter by physical force you can push back your brother's wife from using and occupying your sister's ground floor flat. If Police comes for investigation upon the complaint of your brother's wife you can show them injunction order of the civil court.
T. Kalaiselvan, Advocate
(Expert) 20 March 2014
Best thing is to file an injunction suit restraining her from entering into the property belonging to your sister and after that physically prevent her from entering into the property, let she file any more case, contact the local police for protection.
