I need advice on the following case.
I live in UK since past 12 years, I bought property in Mumbai 10 years ago. I bought that flat with my hard earn money, took loan from HDFC bank which I have proof. I have the title and am the owner of the house. Since my sibling didn’t have any place to live I let them stay at my place for free of charge. My younger brother got married in 2006 and his wife started staying in my house after that.
my younger brother and his wife had some dispute and she left the house for good since last year October 2011 . (Small argument was happening between them even before also, where she will fight , go to her parents place with little one and comeback again )
Recently a month ago, I wanted to sale my Mumbai flat, we found the buyer and I supposed to sale the flat. A week before sale my brother’s wife sends notice to society saying Don’t issue NOC and it’s is her matrimonial home as per domestic violence act and she has right over my flat. My younger brother is unemployed and she wanted money from me J.
First step we took was I asked my younger brother to move out of my house, find place for himself and fight his own battle. I went to Mumbai and consult with advocate he said as per amit batra case supreme court “The Supreme Court in has held that 'shared household' means only the house belonging to or taken on rent by the husband or house which belongs to the joint family in which the husband is one of the members. It has also been observed therein that the property exclusively owned by the mother of the husband cannot be called 'shared household', as per the definition found in Section 2(s) of the Protection of Women from Domestic Violence Act, 2005.”
My brother replied her notice mentioning, he has found rental permanent accommodation for him and her and he want to enjoy peaceful life with her from onwards so come back. He also mention in his notice, flat belongs to my older sister and he has no right or title what so ever in flat and my older sister let us stay free of charge. In reply of his notice, my brother's wife send notice to society secretary, my brother’s advocate mentioning “I have given her constant call and assure her to give 30 lakh out of my flat sale, I threaten her and she is suffering from mental cruelty etc so, without waiting further she is filing Domestic Violence Act, 2005 in criminal court at vikaroli against me. J .
I went to consult with criminal lawyer , he advice me it’s husband and wife battle, you are here for short period of time, regarding domestic violence court case. You have proof that you were not in country, passport stamp. She doesn’t even have proof of phone call and anything which her advocate is blabbering in notice. For my satisfaction, we went to vikhorli branch and didn’t see any compliant yet it’s been 4 weeks. Also, Because of all this hassale and short visit, I decided to lock the property and not to sale the flat.
Can you please advice what would be my next step , if I want to sell my flat and if she create hassle for me again.