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Hetal (sdfsdf)     10 June 2012

Greedy sister in law

I need advice on the following case.

I live in UK since past 12 years, I bought property in Mumbai  10 years ago. I bought that flat with my hard earn money, took loan from HDFC bank which I have proof. I have the title and am the owner of the house. Since my sibling didn’t have any place to live I let them stay at my place for free of charge. My younger brother got married in 2006 and his wife started staying in my house after that.  

my younger brother and his wife had some dispute and she left the house for good  since last year October 2011 . (Small argument was happening between them even before also, where she will fight , go to her parents place with little one and comeback again )

Recently a month ago, I wanted to sale my Mumbai flat,  we found the buyer and I supposed to sale the flat. A week before sale my brother’s wife sends notice to society saying  Don’t issue NOC  and it’s  is her matrimonial home  as per domestic violence act and she has right over my flat.  My younger brother is unemployed and she wanted money from me J. 

First step we took was I asked my younger brother to move out of my house, find place for himself and fight his own battle. I went to Mumbai and consult with advocate he said  as per amit batra case supreme court The Supreme Court in has held that 'shared household' means only the house belonging to or taken on rent by the husband or house which belongs to the joint family in which the husband is one of the members. It has also been observed therein that the property exclusively owned by the mother of the husband cannot be called 'shared household', as per the definition found in Section 2(s) of the Protection of Women from Domestic Violence Act, 2005.”

My brother replied her notice mentioning, he has found rental permanent accommodation for him and her and he want to enjoy peaceful life with her from onwards so come back. He also mention in his notice, flat belongs to my older sister and he has no right or title what so ever in flat and my older sister let us stay free of charge.  In reply of his notice, my brother's wife send notice to society secretary, my brother’s advocate mentioning “I have given her constant call and assure her to give 30 lakh out of my flat sale, I threaten her and she is suffering from mental cruelty etc so, without waiting further she is filing   Domestic Violence Act, 2005  in criminal court at vikaroli  against me. J .

I went to consult with criminal lawyer , he advice me it’s husband and wife  battle, you are here for short period of time, regarding domestic violence court case. You have proof that you were not in country, passport stamp. She doesn’t even have proof of phone call and anything which her advocate is blabbering in notice. For my satisfaction, we went to vikhorli branch and didn’t see any compliant yet it’s been 4 weeks. Also, Because of all this hassale and short visit,  I decided to lock the property and not to sale the flat.

Can you please advice what would be my next step , if I want to sell my flat and if she create hassle for me again.



Learning

 12 Replies

Adv. Chandrasekhar (Advocate)     10 June 2012

sell the property if you find a good buyer.  Assuming but not admitting that even you had given a call and offered her 25 lakhs, that promise as per law will not bind you to pay such an amount.  If she moves to court and get a stay under DV Act, then it will be problem to you to get the stay vacated.

Adv. Chandrasekhar (Advocate)     10 June 2012

sell the property if you find a good buyer.  Assuming but not admitting that even you had given a call and offered her 25 lakhs, that promise as per law will not bind you to pay such an amount.  If she moves to court and get a stay under DV Act, then it will be problem to you to get the stay vacated.

Hetal (sdfsdf)     10 June 2012

So, you saying tomorrow any one can claim on rashtrapati bhavan and bring stay under DV act. Court, proff etc is just legal term in books :)

Ranee....... (NA)     10 June 2012

Originally posted by :Hetal
" So, you saying tomorrow any one can claim on rashtrapati bhavan and bring stay under DV act. Court, proff etc is just legal term in books :) "

If Rastrapati bhawan belongs to husband (he has to b Rastrapati:P)then wife can claim residence right in it!:D

Ranee....... (NA)     10 June 2012

Why your advocate told her she wud be given 30 lacs out of your flat sale?She is not entitled..because to maintain her is not your duty and according to above judgement she cant claim shared household in it.

But if she files whole process would get delayed to establish these facts.


(Guest)

Her(She is a she :)) DIL can also claim

Originally posted by :Ranee.......

"



Originally posted by :Hetal



"

So, you saying tomorrow any one can claim on rashtrapati bhavan and bring stay under DV act. Court, proff etc is just legal term in books :)

"




If Rastrapati bhawan belongs to husband (he has to b Rastrapati)then wife can claim residence right in it!
"

Hetal (sdfsdf)     11 June 2012

Thank you so much all answering my query.  I understood the fact that, husband , wife can stay at donez of place that doesn't mean wife has right to claim every property as her matrimonial home.

As per supereme court judgement in batra case

If the aforesaid submission is accepted, then it will mean that wherever the husband
and wife lived together in the past that property becomes a shared household. It is quite
possible that the husband and wife may have lived together in dozens of places e.g. with
the husband's father, husband's paternal grand parents, his maternal parents, uncles, aunts,
brothers, sisters, nephews, nieces etc. If the interpretation canvassed by the learned
Counsel for the respondent is accepted, all these houses of the husband's relatives will be
shared households and the wife can well insist in living in the all these houses of her
husband's relatives merely because she had stayed with her husband for some time in
those houses in the past. Such a view would lead to chaos and would be absurd..

It is well settled that any interpretation which leads to absurdity should not be accepted.

The above judgement is enough guideline . Like someone mentioned earlier , case will get clear but it will take some time (may be 14 to 15 years) .  I don't have control over people emotion and thoughts, people do get greedy and out of frustartion they do take decision which they are not supposed  and end up with trouble for themselves.  We will see , what other mistake she does to get herself in trouble.

Meanwhile , I will do research of following IPC act

IPC – 120B, 191, 197, 199, 200, 201, 204, 209, 211, 321, 355, 378, 379, 406, 499, 500, 504,

 

 

 

 

Hetal (sdfsdf)     11 June 2012

Thank you renee. advocate suggested my brother''s wife. She delivered the notice to my society secretary and my brother personally mentioning fact that " she wants 30 lakh out of my property sale "  :-).  either Advocate was not thinking properly before he suggested her to demand for money or he is an big idiot to suggest demand of money in writing from me because her husband is unemployed. :-) 

In nutshell, it's husband and wife fight. They can resolve their issue, my question was why they involved me when i don't live in country  Stupid lawyer didnt even think about I have passport stamp where i can prove i was not in the country itself.  Phone records that how many time i have called india :-) 

Anyway, we will see how things goes. Hope my brother and his wife think about their  little one and patch the things up rather then running behind money.

Hetal (sdfsdf)     11 June 2012

so, As per indian kanoon , just file FIR, make claim , harrash people then we will see what we need to say in court. :-).   I agree she can claim whatever she wants from her husband as maintenance but claiming money from husband's sister is height of law :-) and height of greedyness "  :-)  

Ranee....... (NA)     11 June 2012

she won't try to patch up..because 30lacs > unemployed husband...

:D

Hetal (sdfsdf)     11 June 2012

Then good luck to her. :) I have all the time in the world to fight against illegal extoration :).

bhima balla (none)     11 June 2012

Shows one more example of misuse of a law that is illframed and vague! PWDVA is framed to be misused.

Wonder what is the recourse-suppose the true owner wants to sell due to some financial emergency and suffers damage as a result of misuse of PWDVA? Another 30 years in a civil suit?


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