A person migrated to USA in 1990. He has 3 children - His one son and one daughter also migrated and one son is in India. He had a property in India. The person is terminally ill in USA and subsists in sub-conscious stage and on medicines alone. In 2002, he sold that property. From the amount so received, since the person was in USA and not well, he asked his son in India to purchase the property in his own name. Accordingly, the son purchased the property in his own name. Subsequently, to avoid the problem that the son may dispose of the property, without his consent or share of his brother and sister, he asked his son to gift the property to his sister - which he did. The entire property was gifted to the daughter in the process, by a gift deed executed in 2007. In 2010, the mother of the kins and the daughter, visited India and desired that the property be either rebuilt or disposed off and the share of the three kins, be identified. The son, who had gifted willingly agreed and desired his wife and children to move to some other place so that the process of rebuilding or disposal of the property could take place and proper share of each kin is granted. At this stage, wife of the son (i.e. daughter in law) turned admant and indicated that she needs to enjoy the entire property. She approached Womans Commission on the plea of harrassment. The mother-in-law and Sister-in-law filed a case in the Court for her eviction, as she was staying only as a licensee and the property was owned by Sister-in-law. The daughter-in-law, further filed a case through Woman Commission under Domestic Violance Act, 2005, saying that she is being harrassed and cannot be dispossessed from the property. The mother-in-law is 74 years old woman, who occasionally comes to India and is not allowed now even by the daughter in law to reside in the only property built by her husband, when in India.
What is the position in law - Does an arrogant daughter-in-law put his 74 year old mother-in-law out of the property by claiming Domestice Violance - that too after 21 years of marriage, in which no question of any violance was raised. Basically, the woman is being guided by her brothers, who have interest in the property.
Can a suitable guidance be given ?
RS Dudani
