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Right of residency - Violence because of brother's wife
12-Feb-2023 (In Property Law)
Hi, my parents are 60+ and they gift deed their house to me in which their daughter-in law came after marriage and now the house is on my name. They were facing domestic violence in their own home because of my brother's wife and she was even not sharing a health relationship with my brother and her own son who is 13 years old. Last year she left the house when I was about to get married thinking that this step would help her get the whole property, as she said that she would not let the marriage happen calmly if we don't give her the house and threatened us to defame and get trapped in false accessions. I wanted to check that since now my parents are living with me and the house is on my name (parents are no longer living in that house), are we bounded to keep her with us ?
Hello I have perused your query. in the present circumstances you have an option of filing a criminal complaint under section 200 of crpc for criminal intimidation, threat to life and regarding threat to the property.
Further you parents can take an action under the maintainanace and welfare of parents and senior citizens act 2007 whereby an eviction order can be taken out in this regard.
For any further information feel free to reach out to us.
Further you parents can take an action under the maintainanace and welfare of parents and senior citizens act 2007 whereby an eviction order can be taken out in this regard.
For any further information feel free to reach out to us.
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Adv. Love Kumar Soni
Goa | 200+ Answers
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As per the recent judgment of the Honble Supreme Court the married women has a right to residence in the share household wherein she has resided with her husband at any time after marriage. However the order passed by the Metropolitan Magistrate in a Domestic Violence Complaint case would not be an embargo for filing a suit for eviction.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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hello client as i can see ur issue is serious as your mother and father are victim of domestic voilance in there own home from your sister in law . in this matter you need to get a petirion listed in high court to get the quick resolution of ur issue. in your issue your brother and sister in law need to get out of the home in the legal manner
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Adv. Vishwanath Pratap Singh
Delhi | 500+ Answers
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