Brother wife tresspassed my father house
Kumar Sri
(Querist) 01 June 2015
This query is : Resolved
Dear Sir,
My Brother wife trespassed my father house by breaking the doors, (where brother's wife not stayed a single day after the marriage and even my brother is also not stayed in their house) when my father and mother not in the house, now my father has registered a complaint against my brother wife, presently my brother has applied for Divorce.
Property is in the name of my father(50 % is SOP and 50 % is Ancestral).
Question is she is my parents are not interested to stay along with my brother wife and also she has sold some of the house hold items in OLX (she confirmed that by SMS)
After the FIR registered, police inspector is not filed charge sheet (almost 100 days are over).
What we have to do now ?
Kindly advice .
Devajyoti Barman
(Expert) 01 June 2015
Wait till charge sheet is submitted. There is not fixed time limit for submission of charge sheet.
Sudhir Kumar, Advocate
(Expert) 02 June 2015
Half facts will lead to wrong advise and can increase your misery.
Please state the fact as to for how long she was with your brother, in which house, why marriage could not continue, why divorce is filed.
SAINATH DEVALLA
(Expert) 02 June 2015
Dear querist,
Come out with the true case history to get a proper guidance from the experts.
Kumar Sri
(Querist) 02 June 2015
Dear Sir,
After the Marriage, 1st day my brother went to his wife's home in order to stay there, during first night she tried to kill my brother 2-3 times and sudenly she become violent and started screeming and firing thier parents also, during that time their parents give her some tablets and after that she become normal, next day without my brother knowledge they admitted her in hospital and discharged on the same day, 3 rd day they came to my father house (where my brother is also staying)here also she started firing my parents with out any reason and she is speaking some irrelevant question to my family members, then our family members asked their parents, they told that she is suffering from fever and she is having Nagadosha, so we will take her for treatment and we need to some pooja like that they told and they took my brother wife on the same day, after 15 days we came to know that she is taking treatment in Nimhans from 2008(Nuerology Department) and marraige was done in the year 2013, hence all our family members are decided for not continue the relationship, since they cheated us.
after that my borther has applied Nullity case.
After 9-10 months, she has not come to my father house where my brother was staying,
in the month of Sep'14 My Brother wife trespassed my father house by breaking the doors, (where brother's wife not stayed a single day after the marriage ) when my father and mother not in the house,
now my father has registered a complaint against my brother wife,
Property is in the name of my father(50 % is SOP and 50 % is Ancestral).
Question is my parents are not interested to stay along with my brother wife and also she has sold some of the house hold items in OLX (she confirmed that by SMS)
After the FIR registered, police inspector is not filed charge sheet (almost 100 days are over).
What we have to do now ?
Kindly advice .
SAINATH DEVALLA
(Expert) 02 June 2015
When UR brother is not staying in UR parents house,his wife has no right to trespass and sell whether it SOP or ANCESTRAL.
Kumar Sri
(Querist) 02 June 2015
Sir, thanks but local police inspector is not at all helping us to evacuate her and she is sending filthy SMS to me continuesly ...my parents are out of the house for the past 8 month...kindly suggest where to approach..
Sudhir Kumar, Advocate
(Expert) 02 June 2015
Police will not at all help you to remove her.
Now you have given the facts which reveals that :-
(i)The marriage has taken place.
(ii) So far there is no divorce.
MARRIAGE IS BINDING TILL DIVORCE IS NOT THERE.
(iii)she has resided atleast for one day with your brother in the house of parents.
(iv) This is the house where she resided with your brother for the last.
THIS WAY THE SAID HOUSE BECOMES HERE MATRIMONIAL HOME AND SHE AS A RIGHT OF FORCE ENTRY. ANY POLICEMAN HELPING SHALL DO SO AT THE PERIL OF HIS CAREER.
THE TITLE OF FATHER TO THE HOUSE AND BROTHER PRESENTLY NOT RESIDING THERE ARE NOT AT ALL RELEVANT FACTORS.
(iv) Your brother has filed petition for nullity.
THERE IS NO GROUND OF NULLITY (a) she was no minor) (b) none forced your brother for ceremony. (c) she is not different religion (d) she is not blood relative within prohibited degree. (e) she is not already married.
RATHER THIS WAS A CASE OF DIVORCE APPLICATION.
Kumar Sri
(Querist) 02 June 2015
Sh.Sudhir Kumarji,
She entered my fathers house, when they are not at home and also she sold some of the house hold items, once she has married, she will get all the rights to enter and sell the properties and more over my brother is not staying at my fathers house.
We have a documents that she has taken and after marriage also she is taking treatment in Nimhans, based on this can we go for Nullity, till date even first is also not over.
but in her objection, she mentioned that first night also over on the same day and also she sent one legal notice to my brother informing that he demanding dowry of Rs 50 Lacs and also a luxury car and other items....
please advice us ..what we have to do now...
Sudhir Kumar, Advocate
(Expert) 03 June 2015
WHEN SHE CAN ENTER THE HOUSE SHE CAN ENTER EVEN WHEN YOUR PARENTS ARE NOT PRESENT.
Even if your brother is not residing in the house still it is the house where they last stayed togather.
Police will never never and never help you to remove her from the house.
However police can arrest and take her with them if she has committed any crime.
But she nowhere gets right to sell the moveable property of the house. Probably your police complaint is not on theft (atleast as appearing from your narration).
You have to write FIR of theft/breach of trust against her and the buyers with specific proof.
Since she is a mental patient she is like to expose herself during cross examination as she alleged dowry demand in counter.
However you are lucky that she has not filed criminal case on dowry allegation. By this way she can aim to be sole occupant of the house and remaining family to be in Jail.
Your parents if 60+ can seek police protection as Sr Citizens to save their life.
SAINATH DEVALLA
(Expert) 03 June 2015
U say she is mentally imbalanced,but she has the mental ability to sell the articles through OLX.
Kumar Sri
(Querist) 03 June 2015
Sh.Sudhir Kumarji...thanks for your advice.
Sh.Sainath Devalla, sir she is not in a single mood, her mood will always changing, after taking some pills she will become under control...how i can decide whether she is mentally disorder or not.
SAINATH DEVALLA
(Expert) 03 June 2015
U have repeatedly been saying that she is a patient of NIMHANS,since 2008.
Kumar Sri
(Querist) 03 June 2015
yes exactly...she is taking treatment at Nimhans from 2008...
SAINATH DEVALLA
(Expert) 03 June 2015
Well after such a long discussion with the learned experts,what do U want exactly at the conclusion.
Kumar Sri
(Querist) 03 June 2015
My parents are out of his own house and they are not ready to stay along with Daughter in law...and Police inspector is not filing the Chargesheet.
When none of our family members are staying their, how she and their family members has right to stay in my father house.
SAINATH DEVALLA
(Expert) 03 June 2015
As not yet divorced she has a right to stay but not her family members.
Kumar Sri
(Querist) 03 June 2015
During this time shall we sell that property or shall my father can make partition of that property
SAINATH DEVALLA
(Expert) 03 June 2015
UR father if he feels can outrightly sell his self acquired property and he can also sell his ancestral property after obtaining NOC from his children.
Sudhir Kumar, Advocate
(Expert) 03 June 2015
I partially disagree with Mr Devalla.
When she has right to reside there then here parents have also right to visit her and since she is a mental patient (as told by you) she cannot be left alone.
I do not know which chargesheet yu want to be filed by the police.
Sudhir Kumar, Advocate
(Expert) 04 June 2015
as far as sale of house by father is concerned.
please refer to contract act
anmy contracted intended to defeat provision of any law is void.
so the sale of the house intended to deprive her of the right to reside in matrimonial house can be termed as void.
Kumar Sri
(Querist) 06 June 2015
Dear Sudhir Kumarji,
then what is the solution for this mental torture to my parents from DIL, what do you suggest for us ?
Kumar Sri
(Querist) 06 June 2015
Sir,
Please also explain ..What about partition of the house ..is it also VOID as per the contract act.
Kumar Sri
(Querist) 10 June 2015
Dear Sudhir Kumarji,
then what is the solution for this mental torture to my parents from DIL, what do you suggest for us,
Please also explain ..What about partition of the house ..is it also VOID as per the contract act.
SAINATH DEVALLA
(Expert) 10 June 2015
What made U bring contract act into picture,what way is it related?
Sudhir Kumar, Advocate
(Expert) 10 June 2015
partition of house?
you want her to be given ownership rights.
Your parents have to stay there till she commits violence against them so that they can call police.
why have yo not lodged police complaint against her, website and buyers as you said that she has sold household not belonging to her.
Kumar Sri
(Querist) 11 June 2015
Sh.Sainathji,
Sh.Sudhir Kumar ji told that, for selling the house, please refer the Contract Act..then i have asked him if we go for parition ..then is there any problem w.r.t contract act.
Kumar Sri
(Querist) 11 June 2015
@ Sh.Sudhir Kumar, we have already registered a complaint at Police station based on the SMS which she has sent to me, i have saved her SMS...her SMS is as under
"Dabba Prasanna" you know one thing i have solded 4 chairs of urs through olx.in ha ha ha ha ha ...D.D.D.D.D.D.
Like that she sent a sms from her(brother wife) mobile.
Police have registered FIR.
Kumar Sri
(Querist) 12 June 2015
Sh.Sudhir Kumarji
I want to talk to you, kindly provide your contact Number, with your convenient time i will contact you and you i am staying in Bangalore.
thanks a lot
regards
Prasanna
T. Kalaiselvan, Advocate
(Expert) 14 June 2015
Basically she is still your brother's wife, so she cannot be forcibly evicted from the house until she has been legally divorced. If your brother has filed a case for nullity, then he has to prove that through the medical records as well as the doctors who treated her or giving her treatment at NIMHANS. You father can very well sell his property if he has marketable title nothing can stop him from doing so but she cannot be evicted even after that until a place for her residence is fixed by your brother as a husband.
Sudhir Kumar, Advocate
(Expert) 14 June 2015
sale of house just for the sake of depriving her of the right to reside in matrimonial home will be void as it will defeat the provision of existing law.
as advised by Mr Kaialselvan please make an arrangement of her stay and then sell the house.
I do not know what case is filed by your brother. Insanity can be a cause to seek divorce and not to seek nullity of marriage.
Notwithstanding her rights under DV Act, she has committed a crime of selling household and she is liable for criminal proceedings which as you said is being processed by police.
Kumar Sri
(Querist) 15 June 2015
Sh.Sudhirkumarji,,,,please provide your contact number..i need to speak to you....kindly...
Prasanna
Sudhir Kumar, Advocate
(Expert) 15 June 2015
Many experts including Mr Kalaiselvan have given option "click to talk".
You can avail it.
