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Daughter-in-law harrasing father-in-law and mother-in-law

(Querist) 08 January 2018 This query is : Resolved 
Hello,

My family resides in Bikaner Rajasthan. My brother died about 2 years ago and left behind his widow and two children. They are living in the house owned by my mother. The wife of my brother has started harassing my parents and started to force them to give her the house that they are living in. She has also done some construction work in the house without their permission. After my brother's death, everything that was in his name (two plots, his business, insurance, investments) were transferred in his wife's name. This house that she is living in now is made from the earnings of my mother (retired government teacher) and my mother does not want to give it to her because of her bad behavior. We consulted a local advocate who said the case in court will take decades, so it is better to resolve this matter out of court. The biggest problem is that the local MLA is in favor of my brother's wife and because of this, police is also not taking any action. What should we do? My mother paid EMIs on the loan of this house for 25 years and almost invested all her life's earnings into this house and now she is almost losing it to someone she does not like. Does law in India support people who do not have any contacts with influential people like MLAs? Please help.
Vijay Raj Mahajan (Expert) 08 January 2018
Why care for local MLA who is just a servant of public.
Move the court against the daughter in law for, domestic voilence and getting her evicted from the property of mother in law. File criminal complaint under DV Act in the court of JMIC.
Mother in law seeking her share under the Hindu Succession Act in the property of her deceased son that is wholly acquired by daughter in law. File civil suit seeking one share in the complete assets of the deceased son from the daughter in law in the civil court.
Lodge police complaint against the daughter in law for protection of her property by aged senior citizen mother in law.
Vijay Raj Mahajan (Expert) 08 January 2018
Why care for local MLA who is just a servant of public.
Move the court against the daughter in law for, domestic voilence and getting her evicted from the property of mother in law. File criminal complaint under DV Act in the court of JMIC.
Mother in law seeking her share under the Hindu Succession Act in the property of her deceased son that is wholly acquired by daughter in law. File civil suit seeking one share in the complete assets of the deceased son from the daughter in law in the civil court.
Lodge police complaint against the daughter in law for protection of her property by aged senior citizen mother in law.
Kumar Doab (Expert) 08 January 2018
It is believed that you are Hindu.
Confirm!
Kumar Doab (Expert) 08 January 2018
In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.


Thus the har of the mother of deceased can not be transferred in the name of Wife (DIL) until or unless mother has relinquished/gifted/released/transferred her share in favor of the Wife (DIL) by a valid/registered deed.

If mother has done so, she has indeed displayed a good conduct/gesture/generosity on her part.


If she has not she can claim her share.

Apparently deceased husband/son has left good estate for his immediate family and the are not facing financial hardships.


Kumar Doab (Expert) 08 January 2018
The mother might also be a senior citizen.
In any case she may contemplate under provisions of;

Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007
http://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X635996104030434742.pdf

and rules framed under the Act by your state…
Government of Rajasthan Maintenance of Parents and Senior Citizens ...
http://www.sje.rajasthan.gov.in/Default.aspx?PageID=63

This offers easiest, quickest, most economical recourse…
GO thru the decisions under this Act or visit nearest Tribunal…
These are eye-opener for estranged children/in law that disturb peaceful living of Parents/Sr.Citizens….

LCI Experts Mr. Bhartesh Goyal, Mr. J.K. Agarwal are from your state….
If you wish you may get in touch with them….
You can also benefit from the post of Mr. Vijay Raj Mahajan….

Vivek Saini (Querist) 08 January 2018
I agree with all the replies, but we have already complained in police station but they did not take any action under the pressure of the local MLA. We went to a lawyer in the local court. He said that no one can take away the house from my mother, but the court proceedings may take decades before we get eviction orders. Why does she have to wait that long for her own property? My mother is 67 and my father is 70. If the case stretches this long, then they will never get their own home in their lifetime.
Vijay Raj Mahajan (Expert) 09 January 2018
You need to engage some senior advocate even if he has to brought from another station/state, there is no question of years or decades for throwing out the daughter in law under the DV Act. All nonsense they talk, they are not aware of the law regarding this that why they make excuses.


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