Senior citizen - harassment


Hello Experts,
   My wife and I are senior citizens and we need your advice on the issues that we are facing current. I will describe the situations in the form of points for easy

understanding:

1. My wife and I co-own the house and have bought the house in 2001.

2. My wife is a house-wife and I am working in a reputed engineering firm.


3. In 2004, my elder son got married and continued to remain in our flat. He didn't own a house at the time of marriage.

4. In 2007, he bought the house just behind our building but didn't shift. The reason was he bought the house and gave it on rent. The money received through rent was used to repay home loan EMI. My son has been single handedly paying all the EMIs.

5. Soon after marital discord started between him and his wife. His wife started harassing, abusing,humiliating and troubling us and my son a lot. She used to call police on false pretexts with an intention of damaging our reputation in the society. Police on all the occassions didn't find substance in her complaints and didn't take any actions in the past. We used to remain under tremendous stress and it was becoming increasingly difficult to cope with the daily humiliations. It also deteriorated our health. Please note that I am a heart patient and my wife is a cancer survivor. My elder son was not involved in this harassments as his he was being subjected to mental harrassment by his wife anyways.

6. As a result, my younger song and daughter-in-law requested us to move along with them. Hoping that our movement would calm down the situations between my eldger son and his wife. My younger son stays very close to our house. We shifted to our younger son's residence in Oct'2012.

7. As we never wanted to be burden on our younger son, we decided to take a separate residence on rent in the vicinity where we shifted in July'13.

7. My son is parallely planning to start his divorce proceedings.


Here are our queries:

1. We want to shift to our own residence now. We are aware that there is a senior citizien protection law under which we can ask my son and his wife to move to his house which is lying vacant for a long time now. But, If we do this, is there a possibility that our daughter-in-law can file a case of domestic voilence or like
against my wife, myself and my elder son?

2. If we write a simple letter (rather than litigiation) asking my song and wife to vacate the property and my daughter-in-law doesn't vacate. What actions can we take against her? I am going to jointly address my son and his wife (rather than his wife alone) otherwise daughter-in-law can use that letter as a tool against us.

3. Can this letter or litigation can be of any help to my son in his divorce proceedings?

 
Reply   
 
Senior Partner

1. Shift to your own registered House without any big announcement as soon as possible.

2. Address a A4 size (under Indian Post Speed Post AD) joint addressed letter to your DIL and son (to your home address as well to his office address) to move out of your self acquired jointly owned property emphasizing mentioned grievances in brief and give them a date of moving out of your property. Later online logging Indian Post official Website search for its delivery and shoot an RTI application to Indian Post to provide you delivery proof or take header / footer printout of its prrof of delivery. Keep carbon copy of addressed letter as proof with you safely for any future litigations.

3. Be reasoned that once a son is helped up by parents and grows up and is then married off he is at mercy of his senior citizen parents to stay back and share their property. Moreover when he has made his own property be it on EMI and seeing not so harmonious personal marriage he should not burden his oldies and should have volunteered to move out himself and taken such volatile personal situation charge in his own hands. These are some of the judicial wisdom in various tribunal as well as Civil Court judgments and either in Maintenance and Welfare of Parents and Senior Citizens Act, 2007 or be it as under DV Act, 2005, both of you senior citizens are well protect as and when any case filed against you. There will be initial hiccups but Court helps – hears those who wisely act first instead of struck off by Arjun Vishad Yog (Gita Chapter I)

4. In future whenever DIL calls Police within 24 HRS send an RTI Application to Police Control Room to provide you copy of Transcriptt of call as well as CD. There were few discussion on how to secure such details here in Family Law forum, dig – refer to them for explanations in details.

5. On your question on creating evidence for your son’s future case, it depends on which ground he is seeking divorce and his petition writers skills is all I can add to here.

6. It is suggested to first save your miseries in your senior years with medical conditions and then provide moral and institutional support to a grown up son and insist them to move out within certain time limit and Law is in favor of you so take the first step.

7. Also start to find for an Advocate via family-friend reference specialising in Tribunal cases and one who knows about Maintenance and Welfare of Parents and Senior Citizens Act and without fail file a relief suit matter against your older son n DIL before the Jurisdiction Tribunal parallel while acting upon para 2 advice. 


Total likes : 2 times

 
Reply   
 


Worker

Later online logging Indian Post official Website search for its delivery and shoot an RTI application to Indian Post to provide you delivery proof

 

proof of delivery can be obtained from the post office JUST BY FILING A SINGLE COMPLAINT, annexing the copy of booking receipt.

within 3-4 days, postal department gives u a letter stating delivery status.


NO NEED OF RTI.


Total likes : 1 times

 
Reply   
 

To: Tajobsindia and Amit,

We really found your advice of great value. We will send the letter of eviction soon and keep you updated on the proceedings through this thread.

Few more questions:

1. What if my DIL refuses to shift from my house? What actions can be taken in the case? Will Police of of any help in this case?

2. What if she invites us to stay with her? We do not want to shift unless and until she moves out of the house.

3. Suppose we need to issue a legal notice. Though it is a seconday or tertiary thing....but can we ask for compensation from them due to all the harassment and trauma we had to go through in the past?


 
Reply   
 

Hello,


 We have sent a letter to DIL and son through registered AD post at my flat where they are currently residing. The letter was addressed jointly to my son and DIL and was sent jointly by my wife and me. My DIL is making excuses and asking my son to inform us that we should be sending a letter addresses to her...and only then she will reply. My son informed her that letter was addressed to both. What can be done now?

 


Regards

 
Reply   
 

Hello

I and my wife are senior citizen need your advise as to how should we proceed or deal with the current situation that we are in :

1. We have a property which is self-owned by me and is surving on pension.

2. My son got married 5 years back and stayed with us for 1 year. My DIL in my sons absence used to mentally torture and harass both of us. In order to buy peace my polite son decided to move and stay close to work place. After my son and DIL moved to rented home we both never visited the rented house so that my son and DIL can live in peace. After few months from moving DIL started visiting my house intermittently with my son. During those visits daughter in law used to shout, fight and harass us. Due to these repeated conflicts, me and wife suffered from intense mental torture also leading to several health problems frequently, due to which I started having high blood pressure and was hospitalized.

3. Recently, my son died in an accident and is survived by wife and small kid. After death of my son DIL along with her mother and brother have been trying to defame us . They recently filed a complaint against my family with wrong allegations of breaking in the house on the day my son died and taking away everything from the house in her absence. The funny part is that her whole family has been staying in the rented house since death .Infact I was abused by my DIL and her brother along with some of her neighbors in the police station threatening me saying break his legs.

4 few days before death of my son my DIL had started defaming us and was demanding separation from my son. She was mentally torturing him by saying that “if you  go and meet your parents I will leave you and will file lawsuit for alimony and will never let you see our kids”. My son got depressed listening all of this.

5 Its been only few weeks from the day my only son expired. We both are mentally depressed and broken after losing our loving son. After the death, my whole family and friends made multiple attempts to console, and offer help but to vain. Her brother threatened us that he will see us in the court.

6. Recently, she has filed a civil case demanding partioning in a self-owned property, and some other properties owned by my other children. In addition she also alleges that huge amount was stolen from the house.

Sir, we are really broken with sudden demise of our son and doesn’t understand the consequences of this case. As a parents I did everything for my kids in a limited income and has no savings. We are under tremendous mental pressure and is also not doing well with my health as I am heart patient. Her family has threatened us that they will take away my property in which we currently reside. My question to you is in the given circumstance:

a.        Does my DIL or her small kid have any rights in my self-owned property.

 

 

 
Reply   
 
IT professional Studying Law

Good Advice from TJ Sir and Amit.Cheers.

Liked TJ Sir last point

6. It is suggested to first save your miseries in your senior years with medical conditions and then provide moral and institutional support to a grown up son and insist them to move out within certain time limit and Law is in favor of you so take the first step

 
Reply   
 

Dear Sir,


 Sorry to hear about your ordeal. What action have you taken to so far to deal with the situation and have your relatives offered any advise/suggestions to deal with these threats?My advise is not to allow her to enter your house under any circumstances. Do not worry about threatening etc..as of now, there are ways to deal with it.
 

 
Reply   
 

I am a sr citizen treated for blood cancer . my fathers had 3 land and my borthers partioned one land in my (am eldest )absence and when i am asking my share for last 8 yaers all were dodging ..since i dont have any children they say why i need land i am toatal bankrupt after my wife passed away with cancer and myself with blood cancer spent all my savings ( i have proof for each and every expenditure and i am retired early in 58 yrs due to my illness. now am staying in bangalore and land at chennai one of my borther excahnged his share a year back with first land with his potion of second land ...no body is willing to divide the seciond land they say i will die it will go to all their children ,,, how do i go about where i can go i dont have much time to live and i want to se\ll my portion and as i have legally helped my father to bring all with my meagre salry of 250 rs in 1975....pl help with adirection

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu