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Nilima Krishna (Engineer)     05 June 2014

Dispute within (31 yr old) son and (53 year old) widowed mother

Dear All,

We are a christian family. My mother is in the following condition.

My father is no more and my mother is living with her earning son and daughter in law and grand son. My mother is 53 years old. There are constant issues with my Sister in law and my mother regarding house hold petty issues mostly provoked by my daughter in law. My mother was working after my father's death and has spent all her life bring up both of us. With respect to property we just have one 30 x 50 land and is in my mother's name.

Now, my brother is expecting my mother to give him the land. If she refuses, he is asking her to step out and live on her own. My sister in law (Backed by her rich parents) has gone back to her paternal home and demanding that my mom has to be sent out separately and only then she would return.

My Mother is not working any more and she has some savings and the land in her name.

About me:  I am married to a Hindu after converting to Hinduism through arya samaja registered and Hindu law. I am 28 year old woman and happily married and living a peaceful life.

There is a constant pressure on my mother to vacate the house and live on her own. My Brother is the only relative for her apart from me. My mother does not have a own house to live on by herself nor she earns now.

What is the best solution for this? How can we legally tackle this?

Is there a way where my mother can stay out separately and my brother pays an agreed amount lawfully every month including rent? He currently says he can pay mere 2500 rupees per month(in Bangalore). That will not work in anyway even for rent alone.

My sister in law - is constantly threatening to lodge dowry harrassment case only on my mother(not on my brother) if she is not vacating the house though we are not asking her a single pie. She may want to include my name in dowry harrassment also because I am taking care of my mom by paying monthly expenses currently and constantly keeping a check on her well being. 

I am broken into pieces and being a woman, not sure how to handle this situation. My husband has been insulted several times and he has stopped communication with my mother and my brother due to this. He asks me also not to get into this, but as a daughter - only i can understand my widowed mother's plight.

Please suggest some good lawyers in Bangalore to handle this case.

What could be the possible solutions in this case?

What if my sister in law lodges a dowry harrassment against myself and my mother - How do we prevent her doing this?

Kindly reply soon. Thanks.



Learning

 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     05 June 2014

before filing a case by your sister-in-law against you/your mother, immediately file a petition in the court.  for this consult a lawyer of your area.  give a complaint in the police station that your sister-in-law is going to file a false case against you/ur mom and request them not take action without enquiry.   this is a suggestion only.

Adv. Chandrasekhar (Advocate)     06 June 2014

There is a sure and successful legal remedy for your mother from physical, mental and financial turmoil heaped upon her by her recalcitrant son and reprehensible daughter-in-law.  To take such legal steps, the primary requirement is to harden her emotional feelings towards her son and DIL and grand children, if any.  The first thing she should do is to visit a bank and take a reversible mortgage loan on residential property.  By this scheme, she will regularly get monthly handsome amounts from the bank, and with that amount, she can cozily and comfortably till the rest of her life and after her demise, the property goes into the hands of the bank.  If she hands over the house to his son/DIL, they enjoy it and being greedy,they throw her out on the street and then she will be forced to go to court to get her maintenance.  So, go for reverse mortgage.  Next to thwart the black-mailing attempts of DIL to force her and you to court under DV Act, what I suggest is that your mother first should approach the court under DV Act asking the removal of son and DIL and also protection orders from them.  Once that happens, your DIL cannot take any action and she attempts to create any problems, by mere affidavit on behalf of your mother, the DIL will be put behind the bars for violating the protection orders.  So engage a good advocate and get their removal and your mother's protection order. 

Adv. Chandrasekhar (Advocate)     06 June 2014

I saw that the property she is holding is not residential property, but landed property.  But that does not alter my advice.  She can put it for reverse mortage or sell it and keep lumpsum amount to withdraw it at regular intervals for her survival.


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