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Nasim (Admin officer)     05 February 2014

Domestic violence application filed by my mother in law

Dear Sir,

I was married in 2009 after 6 months of marriage i was forced to take a home loan by my mother in law as i was working .She paid the down payment from her account by cheque amounting to 3,60,000/- and the balance 4,40,000/- by cash and was gifted to me in the form of Gift Deed after 2 years we got the possession of the property. When we got the possession of the property me and my husband shifted there whereas my mother in law promised us that she would join us within a month as my brother in laws exams were going. After 20 days of the possession my mother in law called my husband to the house where she was staying and asked us to vacate the flat. We left the house the same day . My mother in law had rented the new apartment where as me and my husband stayed in a rented flat. After 2 years she stopped paying the EMI . The bank informed us that 3months payment had been defaulted and if not paid within 1 month the house would be auctioned. We tried to convince my mother in law to sell the house if she did not have the amount to pay the bank . But she refused stating that she would neither sell nor would allow us to sell the property. As the loan was in my name bank was harassing us by stating that if she did not pay the entire amount they would auction the property and would recover the balance dues from us. We were not in a position to pay as we were staying in a rented apartment and did not have any savings. Just one day before of the date mentioned by the bank. The manager called us as he was aware of the entire scenario he told us that one of his friends was ready to purchase the property. He would pay the entire loan of the bank which amounted to Rs 15,00,000/- and would pay us 3,00,000/- additional . And showed us a statement of my mother in law stating that she was not in a position to pay the loan amount and the bank could sell the property. As per the advice of the bank personnel we sold the property at 18,00,000 which was purchased at 25,00,000/-. We tried giving her the balance 3,00,000/- but hesitated saying that the property was purchased for 25,00,000/-.

After 6 moths she has filed a domestic violence case against me , my husband and my mother stating to repay 25,00,000/-  and monthly compensation of Rs 25,000/-

Please help how to go about it 



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 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 February 2014

For the gift to be valid as per section 122 of the TOPA, it would have to have been made by your mother- in-law voluntarily, without any exchange of money and it needs to be accepted by you.


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