How to vacate my brother's wife from our house?

Querist : Anonymous (Querist) 09 January 2024 This query is : Resolved
i have a problem with my brother's wife where she is not willing to vacate from my house.
Problem summary is as below:
we have a combined house in 200 sq.yards(one plot is on father name, another one on my mother name)
i got married in 2006 after that not staying at my hometown due to job work. And my father was expired in 2011 after that my brother got married in 2013 & she is very rude on my mother and thrown her from my house by having daily arguments. My brother started his own business in that he lost lot of money, In the same situation my brother wife and my brother fighting each other and he came out from house then he put my mother plot in loan around 2015 and not paying any emi's it went to legal notice for auction in that case i got cleared it around 18 lakhs to save it from auction. Later my mother registered her property with my sister. i got registered my father's on my name. Now the problem is she is not willing to vacate the house and even she is taking all the house rents and staying there alone by throwing us from the house. kindly help me what we can do in this situation

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Quick Summary

This discussion addresses the complex situation of a brother's wife refusing to vacate a family home. The original poster has faced financial and familial challenges, including saving the property from auction and subsequent property transfers. The advice highlights the need for legal counsel due to unclear property ownership and the brother's wife's potential rights as a resident of her matrimonial home. It also touches upon the mother's rights under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Sudhir Kumar, Advocate (Expert) 09 January 2024
Basically you query is not clear. Perusal of papers and site inspection by a lawyer is absolutely essential for understanding your problem.

Your query in present form can be attempted as under.

One thing is clear that you had all along been sitting as a mute spectator and did not even meet any lawyer nor did you contact the police at any time (atleast this is what is appearing from your facts so far disclosed).

YOU SAID

we have a combined house in 200 sq.yards(one plot is on father name, another one on my mother name)

YOU ARE NOT CLEAR WHETHER

1. There are two houses ; or
2. There is one house constructed on two plots,
3. One house and one vacant plot.

YOU SAID

i got married in 2006 after that not staying at my hometown due to job work. And my father was expired in 2011 after that my brother got married in 2013 & she is very rude on my mother and thrown her from my house by having daily arguments.

YOU ARE NOT CLEAR

1. When your mother was thrown out by her.
2. Whether police was contacted.
3. If so what action police take.

Ne clear that your brother’s wife has a right to reside in the said house as matrimonial house and throwing her out will amount to Domestic Violence. At the same time your mother also has a right to stay in the same house which is (i) her matrimonial house (ii) and home owned by her (or her husband.

+

Your mother has additional rights on your brother, you, your brother/ sister and spouces,, under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (most people are not aware). You can read the law here on Google search.

YOU SAID

My brother started his own business in that he lost lot of money, In the same situation my brother wife and my brother fighting each other and he came out from house then he put my mother plot in loan around 2015

YOU ARE NOT As to how can one mortgage plot not belonging to him. Whether he did so by pressurizing mother and whether he did so without your knowledge.

whether your brother is anymore residing in that house. If yes where he is residing.

YOU SAID

and not paying any emi's it went to legal notice for auction in that case i got cleared it around 18 lakhs to save it from auction.

YOU ARE CLEAR on one aspect that :-

1. Plot was getting auctioned.
2. You paid the dues.
3. Auction was averted.

If that is so you should immediately meet a lawyer with papers. and opt for stay on the said property without wasting any further minute.

YOU SAID

Later my mother registered her property with my sister. i got registered my father's on my name.

YOU ARE NOT how could you allow that property now to be registered with your sister’s name and if that happened how could you get registered in fathers name. The facts narrated lack clarity and sequence.

YOU SAID

Now the problem is she is not willing to vacate the house

YOU ARE NOT CLEAR as to who is not vacating the house. The wording given by you indicates that your brother’s wife is not vacating the house. Prima-facie a wife cannot be called upon to vacate her matrimonial house and this amounts of Domestic Violence.

YOU SAID

and even she is taking all the house rents

YOU ARE NOT CLEAR who is taking rents. The wording given by you indicates that your brother’s wife is extracting the rents. The right of residence protected under Domestic Violence Act does not extend to taking rents after throwing out very family members.

She being occupant member of the family will continue getting rents aslong as you do not take any legal action. She needs a few more years in continuing so thereafter she sumes undisputed rights.

You need to immediately (already badly delayed) give notice to all the tenants and seek injunction against them. You need to meet lawyer with all the papers.

YOU SAID

and staying there alone by throwing us from the house.

YOU ARE NOT CLEAR

1. what is source of her income.
2. Whether any matrimonial dispute between your brother and his wife.

YOU SAID

kindly help me what we can do in this situation

IT IS YOU WHO HAS TO MEET A LAWYER WITH PAPERS.

P. Venu (Expert) 11 January 2024
Yes, the posting is disjointed and lacks clarity. Please try to repost in uncomplicated language.

T. Kalaiselvan, Advocate (Expert) 14 January 2024
In your father's property, your brother, mother and your sister are having equal share at par with you.
It would be illegal to transfer your father's property to your name by your mother.
Your sister in law is residing in her matrimonial home, if at all she has to be evicted, her husband should provide her a separate residence, hence only he can take action on it, because if you people take any action in this regard, then he has to defend his interest, therefore you all discuss the issue together and proceed in the manner which is practical possible and feasible.

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