Taking custody of own house
Querist :
Anonymous
(Querist) 01 September 2011
This query is : Resolved
Respected Friends,
I am 75 years old & live with my younger son. I have one House where I had allowed my Elder son & his family to stay. My Elder son passed away a year back. Since then daughter- in- law went to her parent & locked my house & taken keys with her. She neither giving back keys nor coming back to stay or even not ready to talk and asking money instead from me.
I want to take back my house but scared that if I break the lock she may complain in police. How to deal?
Devajyoti Barman
(Expert) 01 September 2011
Since it was your own house you can break open the lock and enter the house.
But you face trouble in the event your daughter in law complains against you for committing theft.
You may file a suit for eviction of licensee against your daughter in law but that would take years for disposal.
prabhakar singh
(Expert) 02 September 2011
Expedite course is one of which you are afraid.police case even ,if lodged ,will subside in due course by a compromise.
A case for eviction will keep not only you but also your younger son in life long litigation.
n.k.sarin
(Expert) 02 September 2011
go to the D.M. GIVE THEM A APPLICATION (UNDER THE SENIOR CITYZEN ACT If applicable there) mentioning all the facts and ask for possession.D.M (distt Magistrate) has right and ample power to evict the said daughter in law and hand over the possession to you after being satisfy on the basis of document of title.
prabhakar singh
(Expert) 02 September 2011
If DM personally becomes interested due to grievances of a senior citizen,then it is another matter,otherwise he is not authorized under the Act under reference by Expert : n.k.sarin.
Advocate. Arunagiri
(Expert) 02 September 2011
It is your house where in you have allowed him to stay. Now he is no more. You can very well go into the house and stay there.
Even if the daughter in law goes to police, they can not do any thing. It is a purely civil matter.
M/s. Y-not legal services
(Expert) 02 September 2011
Here am little differ from arunagiri sir. since there is no case is pending before court of law.. While being so how can we say that its clear civil dispute? If you try to break open the locks and entered in to the house mean there daughter in law may lodge any false complain against you like mr.barman's view. You have to face it
M/s. Y-not legal services
(Expert) 02 September 2011
My advice for your safe side mean, issue a legal notice to your daughter in law for call upon to collect the things from house and hand over the keys., with fifteen days time.. also without fail file a caveat petition also. If she not reply or not come to hand over the key mean now you can enter, also break open. But if she clever mean after recieve notice she will go to appropriate civil court to file a suit against eviction along with interim stay for eviction. Now you filed caveat already. So interim stay can't granted.
M/s. Y-not legal services
(Expert) 02 September 2011
If you break open after issue the notice mean now she can't go for police complaint also.
Querist :
Anonymous
(Querist) 07 September 2011
Thank u all !!!
Fortunately, one additional key I found in my old lagguage. Now Can I go ahead & open it ?
