File Case


I live in nuclear family with my husband and 2 children, and my in laws live in joint family in another house. But we keep visiting them often and my children often go to stay with their grandparents at their house very often.
My sister in law, who Is seperated from her husband and in laws, now lives with my in laws, and is not allowing my children to stay there on the pretext that there is no place to sleep.
This is not the first time....it has happened many times and will continue because she is a selfish and jealous person, who Is unhappy with herself and wants others to suffer too....
I want to file a case against her, for not allowing my children to stay at their paternal grandparents house, which kind of strong case can I file against her and on what pretext ?
please don't advise me to settle amicably for the sake of family ties, as I have tried it several times but now it is becoming too much.
kindly guide as to filing the case.
I'll be obliged.
thankyou in advance 🙏
 
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Lawyer

You can file a case under section 12 of the Protection of Women from Domestic Violence Act, 2005 through a local prudent lawyer seeking to restrain your sister in-law from obstruction of children meeting their grandparents. 

It may be noted that she is also entitled to have her share in her parents (ancestral) property, where her (your sister-in-law) is living i.e, her parental home. On the other hand she has no right to stop children visiting their grandparents.

In any case amicable settlement may be preferred through other members of family/ relatives / elderly respectable persons of locality.

 
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Advocate

it is seems Repeated query 

 
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Advocate

Filing of a case will only complicate the situation.
We would suggest
Invite the Parents to your own house for a few days.

That will help them give quality time to your children.


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Advocate

It is for the for the grandparents, esp. the grandmother to take a standing.

 
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Advocate

Just take your minor children to Police station, lodge a complaint and ask the police to take action against your nanad. 

 
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CEO

With due respect to all fellow experts, Madam from the details that you have stated you have no legal status to file any case, whatsoever, against your sister-in-law. All you can do is to request your father & mother-in-law to admonish your sister-in-law to refrain from such behaviour against your children.

 
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ha21@rediffmail.com Mumbai : 9820174108

1. Legally & Technically, you or your children have no inherent legal right to seek any type of staying right in Grand Parents house. AND neither you derive any legal right to file any type of legal proceedings on Sister-in-Law, for reasons mentioned by you.

2. Similarly said Sister-in-Law too does not have any inherent legal right to stop you or your children for any type of staying right in her Parents house. Such rights are legally vested ONLY with the House Owner (grand parents).

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com


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Good afternoon sir, I am a Muslim. My late father was a Govt. servant. He purchased a unregistered plot (Notary) in my mother's name. MY mother was given plot allotment letter by the Colony promoter. My mother later sold the same plot after few years to my elder sister. She agreed to purchase the said plot at Rs.3.00 lakhs and  made an agreement of purchase in her child's name duly writing in an agreement in Urdu scriptt and paid a sum of as advance Rs.1.00 lakh in the year 1997. SHE AGREED TO PAY IN SIX MONTHS PERIOD WHICH WAS MENTIONED IN THE SAID AGREEMENT. There were two witnesses in that agreement bond paper of Rs.100. One is her Husband and second one is another sister. She later took the municipal number without my mother's knowledge and started paying the municipal House Tax . She used to pay now and then as per her convenient in little sums. The balance amount of Rs.2.00 lakhs was paid after the agreed period over several years and was enjoying the property till her last breath in 2012. The last payment of the agreement amount was paid in the year 2012 before her death. The total period of payment was extended to 15 long years. In the year 2007, she gifted to her Husband. Now the legal heirs are enjoying the property.

Question :1) Can this agreement is valid. 2) Can I, as a legal heir of my mother file a case on my sister's legal heirs (Husband and children). 3) What is my status of this case. Please guide me sir. Thank you in advance.

 
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Advocate

Ms. Hamdani

Please make the posting in a fresh thread.

 
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