Family and property

kalpana dora (Querist) 13 July 2024 This query is : Resolved
My mil is torturing me and my husband both physically and mentally we have evidence of her tortures..we have only one property which was purchased by the insurance amount given by the court for my husband younger brother who is no more who met with an accident and was built by housing loan where my husband is the applicant for housing loan who is repaying emi from his source of income.now my mil is saying us to go out of the house..but my husband is scared wethr she will sell the house coz the house is in her name wherein my husband is paying the loan..what can be done to save the property..and v r ready to move out but the only thing is to save the house..

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A couple is facing harassment from the mother-in-law who is demanding they leave the family home. The property was purchased with insurance money following the death of the husband's brother and is in the mother-in-law's name, though the husband is paying the mortgage. The couple has evidence of harassment and wants to secure the property before moving out. Legal advice suggests the husband can claim repayment of his mortgage contributions or file a money recovery suit.

T. Kalaiselvan, Advocate (Expert) 13 July 2024
Your husband has documentary evidences to prove that he has been paying the repayment of loan amount ever since, hence he can demand her to return them so that he will leave the house.
Otherwise he can file a money recovery suit and ask for attachment of this property towards security before judgement

kavksatyanarayana (Expert) 13 July 2024
As your husband is paying EMI, it is proof to demand her to return his amount and if your MIL does not agree, he can file a recovery suit.

kalpana dora (Querist) 15 July 2024
Ty so much sir.but 2 weeks back she left the house not saying her location..if we vacate online she will come nu threatening is and saying v hav caused mental torture to her so she left but she is the one who did all....what to do sir

P. Venu (Expert) 23 July 2024
The crux is the issue is that you are residing at the house which belongs to your mother-in-law. Admittedly the property has purchased from the insurance amount/compensation she had received due to the death of her younger son (your husband's brother). Obviously, you or your husband have rights in the property. The query suggests that you are raising too much hue and cry over a non-issue.

Of course, your husband initiate action to recover the EMI stated to have been paid.

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