Sister in law not vacating house
bharath M S
(Querist) 26 October 2009
This query is : Resolved
My brother and his wife used to stay in my house (self acquired) along with my mother, later due to my sister's pregnancy my mother moved to my rented house in bangalore. Later my brother and wife did not have cordial relations and she filed an FIR aganist my parents and husband. In retaliation my brother filed for divorce case in Mysore. Now my brothers wife has occupied by house and is not willing to leave the house until we pay her a huge compensation of 15 lac. Her lawyer also states that she has right to stay in matrimonial house and she wont leave the house at any cost. Do i have any rights on the property owned by me? how can i evict my brother wife from my house though legal means? please advice
Adv Archana Deshmukh
(Expert) 26 October 2009
It is true that a wife has a right to stay in her matrimonial house/shared household, but here the house belongs to you SOLELY. Your brother do not have any right in the property. It is your self acquired property. A wife cannot claim right of residance in her Brother in law's property though they were living in that house. You can evict her using regular process of law, such as suit for possession etc.
n.k.sarin
(Expert) 26 October 2009
Agree with the opinion of Archana ji.
Adinath@Avinash Patil
(Expert) 26 October 2009
The house is your srlf acquired property,yor brther's wife have no right to stay in your self acquired property,if any dispute between your brother and his wife your property is not covered under any dispute,you brother's wife have no right to ask Rs 15 lakh or any amount for vacating your house,if she is not ready to vacate your house.You have right to file civil suit against your brother's wife before that you issue legal notice to her.
Adv. Biju Gopal
(Expert) 26 October 2009
I agree with Archana and Adinath. You may contact a Civil lawyer at your station and take necessary steps to evict her from your house.
