Gaurav (Agent) 28 September 2013

Want to go back home!!!!

Hi Experts,

In my home, My bro and SIL having martial disputes, They are not residing together. She already filled DV against my MOM and brother.
My mother also disowned last year both (Brother and SIL) just to avoid 498a against her.

Now the scenerio is : SIL is not residing is our house from last March 2013 but she mentioned every where that she is residing in our house. Due to the fear of false complaints my mother is also not residing in our house.

Whenever my mom she goes to our house, SIL also join the house and fight with my mother and again my mother come back from our house.

Please advise if we can stop her to enter our house and can we live in our house peacefully without her interruption.???

If we forcefully stop her not to enter her house then can she seeks police help???

If police comes to our house can we say that our cases is pending in court and she can't enter at this stage... if she want to stay here let her go to court for legal aide.

Please also note that our house is a self acquired property of my MOm....

Can she get easily stay order or residence order in my mother self acquired property...???

Also note that i have two solid proof that she is not residing in our house from last 7 months....???

Please advice urgently.... my Mother realy wants to go back to our home.....

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4 Replies

adv.raghavan (Advocate,9444674980) 28 September 2013

if the property belongs to your mom u have all the rights to say NO to your SIL, u can very well refer the case to the police and can make her not to enter the house, and you can file discharge petition under 2(q) of domestice violence act ,for your mother, PROVIDED if your mother had not written any will or any sort of inclination towards your brother,about a share in that house,his wife is eligible only to reside in that share provided by your mother.

dr.pawan rajyan (member and secretory) 28 September 2013

your mother can file an injuction in court to ban entry of your sister in law in her house.in dv case also your sister-in law can not get resident order as decided by Apex court in batra /batra case.regards

pawanrajyan@gmail.com

Laxmi Kant Joshi (Advocate ) 28 September 2013

If the property is self acquired by your mother and same is in her name then she has all rights to stop the entry of your SIL in her house.

498A__misused (Sec) 29 September 2013

Yes , you can file case in court asking for restraining your sil to enter in mother property. If she still to enter forcefully then file A complaint in local police station. Ask your mom to write will on your name.