Blackmailing by my son for inappropriate demands

Querist : Anonymous (Querist) 03 February 2020 This query is : Resolved
Sir the flat in which we live in is under home loan and is registered in my name and my two sons name.It was purchased by selling our old flat which was registered in my name and my husbands name and by taking a home loan from bank for which the primary applicant is my elder son and me and my younger son are co-applicants.Everything was going well but for the last couple of months my elder son started blackmailing me,my younger son and my husband regarding marriage to a girl belonging to another religion and told me that if I do not agree he will marry that girl and forcefully gain her entry into our house.Now my son is already married twice,with the first wife he had given triple talaq which was valid at that time and with the second wife he has still not divorced but still he is wanting to marry this new girl and has even hidden the truth from this girl that he is married twice and has not given divorce to his second wife.When I told my elder son that I will tell everything about his two marriages to this girl he is going to marry he started threatening me and told me to never even dare to tell her about the truth or face the consequences, he even threatened my younger son.Now the problem is we are stuck in our new house because 1/3rd share belongs to my elder son and also even after marrying this new girl if she finds the truth about my elder sons two marriages then she can take action against my son and also pull me,my younger son and my husband into it and even claim a share in your house.So can anyone suggest what to do in this situation because I cannot sell my new house because my elder son is demanding the full money after deduction of home loan from bank leaving us with nothing otherwise he will not allow us to sell the house we are currently living in and we have only this house so what can be do about this can anyone suggest.
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A mother is seeking advice as her elder son is blackmailing the family to approve his marriage to a woman of a different religion. The son is already married twice, with one divorce pending, and has hidden this from his intended new wife. He is using his co-ownership of the family home to prevent its sale unless his demands are met. The advice suggests attempting to resolve this social issue amicably with family intervention, and if that fails, disclosing the facts to the intended bride to allow her to make an informed decision.

SHIRISH PAWAR, 7738990900 (Expert) 04 February 2020
Dear querist,

You alone cannot sell the flat as there are 2 more co-owners. Discuss with you family members and find out amicable solution.

Regards,

Sudhir Kumar, Advocate (Expert) 04 February 2020
Sir the flat in which we live in is under home loan and is registered in my name and my two sons name.It was purchased by selling our old flat which was registered in my name and my husbands name and by taking a home loan from bank for which the primary applicant is my elder son and me and my younger son are co-applicants.

SO BOTH SONS HAVE STAKE IN THE HOUSE.

Sudhir Kumar, Advocate (Expert) 04 February 2020
marriage to a girl belonging to another religion

YOU CANNOT COMPEL HIM TO MARRY WITHIN SAME RELIGION AS LONG AS THE MARRIAGE IS REGISTERED UNDR SPECIAL MARRIAGE ACT

Sudhir Kumar, Advocate (Expert) 04 February 2020

and told me that if I do not agree he will marry that girl and forcefully gain her entry into our house.

HE CAN AS LONG AS MARRIAGE IS VALID. ATLEAST THE GIRL CAN FORCE ENTRY UNLESS SHE IS PROVED TO BE ALREADY AWARE OF ILLEGALITY OF MARRIAGE BEFORE MARRIAGE IS DONE.

Sudhir Kumar, Advocate (Expert) 04 February 2020
Now my son is already married twice,with the first wife he had given triple talaq which was valid at that time and with the second wife he has still not divorced but still he is wanting to marry this new girl and has even hidden the truth from this girl that he is married twice and has not given divorce to his second wife.

CONSULT FATWAA-E-ALAMGIRI

Sudhir Kumar, Advocate (Expert) 04 February 2020
When I told my elder son that I will tell everything about his two marriages to this girl he is going to marry he started threatening me and told me to never even dare to tell her about the truth or face the consequences, he even threatened my younger son.

HE CANNOT COMPEL YOU TO BE SILENT SPECTATOR OF HIS LIES AND LATER ACCOMPANY HIM TO JAIL

Sudhir Kumar, Advocate (Expert) 04 February 2020
Now the problem is we are stuck in our new house because 1/3rd share belongs to my elder son and also even after marrying this new girl if she finds the truth about my elder sons two marriages then she can take action against my son and also pull me, my younger son and my husband into it and even claim a share in your house.

SHE CAN

Sudhir Kumar, Advocate (Expert) 04 February 2020
So can anyone suggest what to do in this situation because I cannot sell my new house because my elder son is demanding the full money after deduction of home loan from bank

WHICH FULL MONEY PLEASE BE CLEAR

Sudhir Kumar, Advocate (Expert) 04 February 2020
leaving us with nothing otherwise he will not allow us to sell the house we are currently living in and we have only this house so what can be do about this can anyone suggest.

PROBLEM IS MORE SOCIAL THAN LEGAL.

P. Venu (Expert) 04 February 2020
All the problems, at present, are hypothetical. It is too early to suggest any remedy.

Raj Kumar Makkad (Expert) 04 February 2020
It is the duty of the parents to apprise their children not to adopt wrong path so you are not doing illegal job.

Raj Kumar Makkad (Expert) 04 February 2020
Better you personally met the girl with whom your elder son intends to marry and apprise her entire situation especially of previous marriage of your son.

Raj Kumar Makkad (Expert) 04 February 2020
You should also tell that girl about the fact that he is divorced with one wife and is residing with second and has not divorced till to date and further that she shall have to tolerate the second wife of her would be husband.

Raj Kumar Makkad (Expert) 04 February 2020
Even iafter having the knowledge of entire background of your elder son, if that girl still insists for her marriage, let it be done and in that event, you shall not be responsible for the consequences.

Raj Kumar Makkad (Expert) 04 February 2020
Legally your elder son is co-owner of 1/3 share in the joint flat and he can at time get its partition and can get possession of specific portion by filing a civil suit before competent court of law and in that event, you both shall also be heard in that case.

Raj Kumar Makkad (Expert) 04 February 2020
You would be daughter in law can definitely seek her legal right of residence if in future any dispute arise between husband and wife but she can get only from the share of her husband and not more than that.

Raj Kumar Makkad (Expert) 04 February 2020
Though legal remedies are available for you but better to solve this family problem amicably with the intervention of the nears and dears.

Dr J C Vashista (Expert) 05 February 2020
It is a social and not legal problem, you should rope in relatives/ neighbours / friends to convince your son.

Dr J C Vashista (Expert) 05 February 2020
You and your husband must disclose the facts to your daughter-in-law (second wife of your son) as well as the proposed daughter-in-law regarding mischievous game played by your son.

Raj Kumar Makkad (Expert) 06 February 2020
Second daughter in law of the son of the author might be giving her consent to her husband to marry third times especially with a girl belonging to another religion as author has not commented a single word with that regard.

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