Torture by daughter-in-law
Mr H.S Khurana
(Querist) 22 July 2014
This query is : Resolved
Dear sir I want to get help one of relative is suffering from domestic violence by son and daughter in law they use abusive language towards there parents and want them to transfer property to them and sin say he will do suicide if they will not do that daughter in never give respect to family members ymthey always consider her as daughter my relative haven take any dowry all they need is love and respect in this age any help what can they do.please help
Mr H.S Khurana
(Querist) 22 July 2014
Its been three years they are avoiding situation now daughter in law conceived a baby girl after that she start torture more before she want relative son to seprate from them and ask for share of property.She is forcing his husband to live with her parents and leave his parents .She don't give any respect to anybody and never do any household work.Any Ngo who can help for old age people
Devajyoti Barman
(Expert) 23 July 2014
Ask the mother to file DV against her daughter in law or ask the son and daughter in law to stay separate from them.
malipeddi jaggarao
(Expert) 23 July 2014
If the parents are living in the house of their son, better they quit that house as early as possible and start living on their own if they have sufficient means of income to make their livelihood. IN such case they should never yield to the threats of son/daughter-in-law for transferring the property. All threats of suicides in such cases only leashing threats - they never become true. If they do not have sufficient means as expert Mr.Devajyoti Barman advised, they can file case against her daughter-in-law.
As per THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007
4. Maintenance of parents and senior citizens : (1) A senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application under section 5 in case of—
(i) parent or grand-parent, against one or more of his children not being a minor;
(ii) a childless senior citizen, against such of his relative referred to in clause (g) of section 2.
(2) The obligation of the children or relative, as the case may be, to maintain a senior citizen
extends to the needs of such citizen so that senior citizen may lead a normal life.
(3) The obligation of the children to maintain his or her parent extends to the needs of such parent either father or mother or both, as the case may be, so that such parent may lead a normal life.
(4) Any person being a relative of a senior citizen and having sufficient means shall maintain such senior citizen provided he is in possession of the property of such senior citizen or he would inherit the property of such senior citizen:
Provided that where more than one relatives are entitled to inherit the property of a senior citizen, the maintenance shall be payable by such relative in the proportion in which they would inherit his roperty.
Please explain to the old parents, they have no more obligations towards that son, but they have rights against them for maintenance.
ajay sethi
(Expert) 23 July 2014
she can move senior citizen Tribunal for necessary reliefs against son and daughter in law
Rajendra K Goyal
(Expert) 23 July 2014
Mother can file DV complaint. If the property is self acquired, it can not be claimed by son during their life.
If the situation does not improve, the son is not ready to live separate, the parents should dispose off the property and live separate.
Nadeem Qureshi
(Expert) 23 July 2014
Apart from the above opinion your relative may file a complaint before magistrate under senior citizens act
Raj Kumar Makkad
(Expert) 23 July 2014
Well advised by experts hence no more to add.
T. Kalaiselvan, Advocate 
(Expert) 25 July 2014
The son or the daughter in law cannot put pressure seeking property or a share in it if the same is self acquired by heir parents neither the parents be afraid of such pressures or tortures. If the daughter in law wants o set up a nuclear family, let she go ahead. Any legal action by the parents at this early stage will complicate the tender issues. the property will naturally go to the legal heirs and if the son is the sole heir, he may get the entire property afterwards. Thus, it is better to wait for the developments to take shape for a stage beyond tolerance and then let the senior citizens think of contemplating legal actions against the erring son and his wife.
Biswanath Roy
(Expert) 01 August 2014
If the pecuniary position of FIL and MIL is not sufficient to file case against the daughter-in-law they may file an application before Hon'ble Chief Justice of the High Court by their own handwriting in vernacular affixing a court fee stamp of Rs.5/- (Rupees five only)and can pray relief and redress. Such application is to be sent under Registered with A/D. cover addressed To The Hon'ble Chief Justice of the High Court through the Secretary.
