Divorce, maintenance & injuction

@Author

While you are in possession of the house and you have hold on the premises (may that be for only one room), no one can simply throw you out.

Additionally, you should immediately approach local police and lodge complaint against all of those who beat you. There is a clear case under various sections of IPC which is made out and all of them would be thrown behind bars. Then you should file for injunction from the court by quoting your transactions. This would show that you had entered into an agreement wherein you are the co-owner of the house. This much would suffice the very purpose to safeguard your interests for the time being. 

Consult a good local lawyer who can help you in getting above steps done and then advice you for further action!

PS: If the beatings given to you are old and no medical would prove these bruises and marks, then it would be little difficult to get the FIR registered. If that is the case, then may be with a detailed study of the case, any good lawyer would be able to do the needful.

//peace

/Saurabh..V

Very interesting case. I am not an advocate but in India you will get better legal advice from non-advocates! I just do this as a hobby after having studied it to defend my matrimonial litigations. I won in ALL cases, including appeals, representing myself. I like to show off my legal knowledge so here I go  

So, lets take a look at your problem from a legal perspective. Whatever monies you have invested in your in-laws properties and if you have proof of the same, the easiest you can claim legally NOW is that money itself with some interest.  If the property is on some other person's name then it is that person's property and not yours. The Benami Transactions Prohibition Act precludes you from asserting a title interest in it. But, to the extent that you can prove that you have loaned monies to your in-laws, you can seek recovery of the loan amount. Even there, it will be hard to prove that it was not a gift. You will need a witness. If the other party claims that it was a gift, then they will have to show tax proof that they accepted it as a gift. You need to consult a tax advisor too. Typically, accounting professionals are much more knowledgeable then advocates, in their respective professions. They will guide you in this area.

However, there is a way around the Benami Tran...Act to lay a claim on the title itself. You can bring a claim under the Specific Relief Act claiming for enforcement of an oral agreement. You can claim that there was an agreement between your in-law for which the monies were paid for transfer of title within so many years. You must claim a period so that the Limitation Act is not used by the other side to kick your claim out. For oral agreement, you will need reliable witnesses but it appears that your own wife will not support you. You will need some witnesses. So, you cannot claim title but you can claim enforcement of an agreement to transfer title to you which will ultimately result in you getting a title.  Hope you understand the subtle difference. Now, all this has nothing to do with Family Law other than the fact that oral agreement is easy to justify based on the fact that your FIL was someone who could be trusted on his word. That was your assumption which is acceptable.

The biggest problem that you will have in recovery is not that you do not have any legal recourse, which as I have showed you, you have, but that you will find it difficult to find an advocate who can write a good plaint based upon a proper study of all of the relevant sections of applicable Acts, including the Transfer of Property Act, and then go out there and win!  Most advocates in India are illiterate morons. LLB is the same as 12th standard pass or may be even 12th standard fail! 

On a different note, why are you complaining about brother-in-law or father-in-law beating you up! Pay someone, go to their place, and beat the sh*t out of them. Worse thing that can happen is that you will be in jail or they will beat you back. Fine. But, buddy, they will get a loud and clear message for eternity that you are no push-over and that you mean business too!  GOOD LUCK!!!

Dear Saurabh & Sameer Thank you for your valuable time and advising me to take a right path.

Yes! the Incident happened on 01-Sep-2013, I'm the only bread earner in my in-law's family. But till 10-Sep-2013 I have not informed any one, since I was beaten black and blue and it's insult and felt shame, since I have been working as Manager in an Top MNC and decided to quit from from the house without considering Indian Penal Code Laws.

But when I was asking my wife and in-laws Brother-in-Law (BIL) in writing about Mutual Divorce and Vacating the house. But No one came forward for writing.

Later I have learned from some of professionals like you that after quitting from the house (after leaving the possession of the house) they will file a case against me and claim for Maintenance.

My answer to your questions:

Yes! I was beaten up black and blue at my in-law's home, (my in law's place 3km away from my house) I have taken colour photograph on my cell phone after 2 days it got swelled and the marks over my face and body . Immediately I went to a Police station about 300 meters away from the Incident spot. But my in-laws family sneezed that I'm going to lodge a PS Compliant, Immediately my FIL, wife and BIL came down to a police station jurisdiction where my house is located and made complained but not registered. But threatened me to vacate the house OVER the night. But I had requested the Inspector, Wife & FIL for 1 month Notice period. They accepted.

Based on some professional advises On 20-Sep-2013 I had lodged a Police complaint and registered in two Police Stations along with Colour photo graph duly printed (i.e. Action for beaten me up in a PS Jurisdiction where incident occured  and in another PS for my protection and security).

Dear Sameer,

I don't want any recovery but my share of the house where I'm interested to be registered on my daughter's name. Which was refused by my FIL. Your point of view is good that the 'Benami Transaction Act" will come into the Picture.

Thanking you once again.

I do not know why you agreed to vacate in one month time. Now, refuse to vacate. If they take you to Court, say you did so because you were forced under threats of further beating. Put a legal claim on the whole building. Then agree in a compromise for one floor. In legal fights, if you want 10, you ask for at least 30 and then settle for 10. Thats how it works. You appear to be the Darpok type, if so, you will not even get 1, let alone 30.   Get a lawyer who is fully familiar with the Indian Contract Act, Transfer of Property Act, Specific Relief Act and all the Family laws (HMA, Family Court Act, etc.). That's very difficult because an Indian advocate's brain has space for only one or two Acts and a few CPC and CrPC sections. But try your best.

Thanks Samir, Now I refused and sought Help from Local Police Station for protection, they also agreed and gave me Acknowledgement Copy duly filed over online. I don't think so I can put the claim for whole building since it's in my FIL's name. But I can occupy my 1st Floor.

Dear Sir,

Now my wife and their family asking for Mutual Divorce (MD), when i was asking MD they refused for more than 2 to 3 years, now they are asking me for MD.

Can the MD agreements can be changed into Contested Divorce before the Court trial?

If it can be changed again my wife and her family will put me into trouble by claiming maintenance. Just I worried only about my loving daughter. I laid my condition I'm ready to vacate the house provided the house or my share in the house should be transferred my Daughter's name.

Police also trying to compromise and advised us to go for Family Counselling, but but my wife and their family refused. Police could not have a control over them during the compromise. I wanted to appreciate the Sub-Inspector Mr. Mallur during the Interaction. He was too Affirmative.

This is my last post in this thread. I suggest the following: DO NOT give possession of any real estate that you have now until all issues are settled. Put a claim in the Court for the entire building saying that you were as PART OF AN ORAL SETTLEMENT (enforceable under the Indian Contract Act) asked to pay so and so amount, which you have, and were guaranteed title to the building to you and your daughter and wife. So, at the minimum, you should get one third and your daughter another one-third.  Just go on the attack.

Do not go in for any MD or anything unless it is a global settlement that gives you what you want.  Do not go in for litigation in small pieces or settlement in small parts.  If you are afraid of anything, then you will get absolutely nothing. Please keep that in mind. Make them regret that they started this dispute... You seem to be a soft guy. They will walk all over you unless you start showing some guts.  

Good Luck and Good Bye!