Urgent help - divorced sister harassing mother and brother
Querist :
Anonymous
(Querist) 11 December 2019
This query is : Resolved
Hello,
I would be extremely grateful to all the expert members of this forum - if they could take some time to read and understand the difficult situation my mother and I have faced at the hands of my own sister since the last 6 months, and then provide a suitable solution so that we could come out of this mess.
Family background - I have been staying at my parents house since my birth. My father passed away in 2014. 2nd sister is married and stays with her husband.
The divorced sister who is approximately 10 years elder to me was married in early 2000s and divorced in 2015. Before her divorce, she used to tell us that her husband was violent and abusive and that she could no longer live with him. We then fully believed her claims and did believe that she was a victim. She got a lump-sum alimony of approx 1 Crore at divorce.
After divorce, she moved back to my parents house in Delhi. However, instead of adjusting and staying as a family member, she almost daily provoked and fought with my mother. She also almost daily claimed that this is her father's house and she can stay as she wishes. After a lot of convincing by my mother's relatives, we were able to make her to move out to a rented place since these daily fights were impacting my mother's health - who just a few days after my father's death - developed both heart issues and malignancy.
Everything went fine from 2015 up to Jan 2019. The divorced sister stayed separately with her child at a rented accommodation. Between this period, she visited my our house every weekend - fought with my mother, maids and me but always returned back to her home.
But in June 2019, on the pre-text that there is no water in her apartment she told us that she will be coming to our house for 3 days. Now almost 7 months have passed and she hasn't gone back to her home for even one day.
Between June 2019 and Dec 2019, she has physically assaulted my mother 4 times. The assaults have been witnessed either by my maids, my Masis or by me. She also verbally abuses my mother, me, our maids and our relatives in the worst possible language.
My mother, a senior citizen, who has had 2 heart attacks since my father's death remains in anger, stress and fear in her own house and the assaults and abuses have only deteriorated her health. She wishes to not even see my sister's face for 1 more second but my sister refuses to go back to her rented house. We have even had to call the police twice after her assaults on my mother. But in front of the police, she acts as a victim and starts crying while my mother is unable to speak much considering she remains in shock from the assault. She has also falsely accused me of physically attacking her.
Our house is jointly registered in the name of my deceased father and my mother herself. So since my father is no more and he left without a will, my sister says that she has a right in the house and will not leave.
However, in June she did give up her stake in this house by signing a registered Relinqueshment deed in return for 10 lakhs Now, after taking the money for the RD - she says she was forced to sign the RD by me. All the call records and messages in my phone however, can prove that she was desperate for money and she only told me to get the RD done for this house as soon as possible.
Even after receiving such a large sum of alimony (1 crore), she is desperate for more money because she spent all her alimony on cars, vacations and hotels and now demands Rs 50 lakhs from us to leave the house. She hasn't even sent her child to school for the past 1 year and he spends his time sitting at our home playing video games.She herself hasn't earned 1 rupee in her life and expects others to support her expensive needs. Our electricity bill has tripled since she has come because she uses the AC non-stop even in winters.
We have already given Rs 10 lakhs in return for signing the RD but do not have any more cash to give to her. Whatever savings we have are needed to secure our future emergency expenses.
My mother also has a second property jointly registered in my late father's name and her name but we cannot sell it because my 2nd sister refuses to sign on the RD for that house. She is seeking to maximize her profit and doesn't care about my mother's health.
We are even ready to transfer this 2nd property equally between the two sisters. But the 2nd sister ignores our calls and the divorced sister says she would only accept cash and not property transfers.
My mother also has third property registered solely in her name (paid for by my father but registered in my mother's name) and some FDs again registered solely in her name. But the divorced sister claims that she also has a right in these Fixed deposits, saving accounts and this 3rd property too because they were paid for by my father's salary and not bought with my mother's money - who is a housewife.
To conclude, my questions are -
1. How do we get this divorced sister who is violent and abusive out from our house? She says she is a single mother and a divorced daughter and, therefore, it is our responsibility to support her.
2. She is saying that we coerced her into signing the RD. Can she challenge it and get it cancelled?
3. She is threatening to file a partition deed for our house. Can she do this when she has already signed the RD?
4. She says she has right even in those properties and assets that are even solely registered in my mother's name? Is she correct?
5. We cannot pay 50 lakhs as she demands so what should we do? We can only transfer one of the properties equally among the 2 sisters - but the 2nd sister is not ready for this since she expects more and the divorced sister says she only wants cash.
I request you to please guide and help us correctly. Me and my mother have been left traumatized and depressed over what we have faced at the hands of our sister over the last 7 months. So any wise and honest guidance would be truly appreciated.
Thank you.
Guest
(Expert) 12 December 2019
First and Foremost she is your Sister
Guest
(Expert) 12 December 2019
As per your Query she needs an Psychological Counselling . Do it first in a Pleasant and Pleasing manner
Guest
(Expert) 12 December 2019
Once the Psychiatrist confirms that she is Okay discuss with her peacefully and explain her , convince her and sort out the issues
Guest
(Expert) 12 December 2019
She is already a single lady with a child and if even you people neglect her where she would go.
Guest
(Expert) 12 December 2019
Instead of seeking Legal Remedies better approach this issue with humanity.
Guest
(Expert) 12 December 2019
Her claim that it is my father's house and she has the right to stay it self exposes her insecurity in life and it should not be your complaint against her.
Guest
(Expert) 12 December 2019
" Most bad behavior comes from Insecurity " ----Debra Winger
Guest
(Expert) 12 December 2019
Release Deed could be cancelled by your Sister if she seeks the guidance of Well Expertized Advocate of her place who could help her out with strong valid Legal grounds to do it.
Raj Kumar Makkad
(Expert) 14 December 2019
Your query has many aspects.It shall be better for you to personally avail the services of any experts or any other lawyer.
Guest
(Expert) 18 December 2019
Mr.Rajkumar Makkad your indirect Marketing of your own self by placing an invitation is not to be entertained here.
Guest
(Expert) 18 December 2019
" It is not that what a Lawyer tells me I may do, but what Humanity, Reasons and Justice says I ought to do --- Edmund Burke
T. Kalaiselvan, Advocate 
(Expert) 02 January 2020
1. On the basis of her registered RD, your mother and other cosharers can issue a notice to her to not to interfere in the possession and enjoyment of the property anymore failing which they may file a permanent injunction suit to restrain her from interfering with the possession and enjoyment of the property.
2, 3. and 4. Let she do it, you can challenge the same legally.
5. The best way to tackle the same is to file a parition suit for the properties jointly owned by your mother and father in respect of your deceased father's share in the property.
