To restrict inlaws to stay in my house for long time
arunkumar
(Querist) 27 October 2018
This query is : Resolved
my wife has filed no of cases in family court and civil court against me under 498a/dv act/etc though she is staying in my flat along with her parents since last 4 yrs.i am staying in the same flat but having food outside. the flat is registered on my name and my wife jointly.. Her parents are threatening me and giving mental harassment staying in my flat.I want to remove them from my flat legally under which ipc section .House trespass /encroachment etc.She also take tuitions in my house and earning good money about 70 k per month .because of no cases filed by her i can not get a good job and earning about 15 k per month.my parents are staying separate but she still try to involve them in criminal cases by giving false complaints.i have a son of 15 yr old.
KISHAN DUTT KALASKAR
(Expert) 27 October 2018
Dear Sir,
Approach High Court and see that all cases are closed as there are running for more than prescribed periods as per following circulars. If there is no orders from any Court in favour of your wife to stay in your house then you may remove her without any hindrance. Moreover her parents are entitled to stay in such house which is called illegal possession.
Please mark “LIKE” if satisfied by my answer.
arunkumar
(Querist) 27 October 2018
thank you so much for showing interest.Pl send the circular details which i will use for further action.for illegal possession if i put private case of trespass?
SHIRISH PAWAR, 7738990900
(Expert) 27 October 2018
As you are contesting cases for long and appointed advocate please follow his / her advice. In case of joint ownership you cannot evict the joint owner from property.
arunkumar
(Querist) 27 October 2018
thank u mr pawar for the reply.pl read my querry properly. i am not intending to evict my joint owner wife but her father mother.
Dr J C Vashista
(Expert) 28 October 2018
Your wife (although joint owner) can not do any business/ profession from residential accommodation, report the matter to local municipal authorities.
You can seek injunction against your wife and in-laws restraining them to stay and do business.
You can sell the flat to a third person (as disputed, although it would fetch little less consideration) who can throw them out.
Consult your lawyer for appropriate guidance and proceeding without waiting and relying obligation of experts, which is based on limited information posted by you, despite the fact it is available FREE OF COST,
I am practicing in Delhi/NCR if you are located and feel, may contact me (on appointment) with relevant case file, at:
Chamber No 647, 6th Floor, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075
email: majjagdish@yahoo.com Cell # 9891152939
