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Krishna Kishore   21 August 2020

Injunction order against father and mother

Hi All,

My wife constructed a house with her own money now their family are torturing her to transfer that property to her younger brother's name can we file a injunction order against her parents. If we file a case should court consider any sympathy on her parents because her father had no proper income source so please let me know how we can proceed this and how we can vacant them from that house. How we can handover and we sell that property without their involvement.


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 24 Replies

Dr J C Vashista (Advocate)     22 August 2020

Originally posted by : Krishna Kishore
Hi All,My wife constructed a house with her own money now their family are torturing her to transfer that property to her younger brother's name can we file a injunction order against her parents. If we file a case should court consider any sympathy on her parents because her father had no proper income source so please let me know how we can proceed this and how we can vacant them from that house. How we can handover and we sell that property without their involvement.

Hi You,

Who is the owner of plot which was stated to have been constructed by your wife from her own savings ? 

If the plot is in the name of your wife, no one (other than herself) has a claim

Krishna Kishore   22 August 2020

everything is with my wife's name with her salary she took loan and she is paying emi every month total power of attorney is her name only. So how can we file case on her parents everyday they are torturing her

G.L.N. Prasad (Retired employee.)     22 August 2020

Contact a local advocate and ask him to deliver eviction notice and in that notice you can ask your advocate not to harass her further for transferring of such house in future as she is absolute owner and she is not interested in such transfer as it is her own self acquired income she has built the house.

Krishna Kishore   22 August 2020

ok that is fine but we don't want them in our house how to vacant them from our house

Sudhir Kumar, Advocate (Advocate)     22 August 2020

You have no ground to seek injuction against transfer of property as it is the property of your wife and she has absoute discretion not to transfer to her brother.

 

You can seek injuction against their disturbing your peace.

P. Venu (Advocate)     22 August 2020

"their family are torturing her to transfer" - How is that your wife is being harassed by her own parents? What do you mean by 'torturing'?

Anyhow, facts posted (or, is it a story) are little strange. Presumably, there are deeper issue. Please post complete facts.

 

1 Like

ravi yudha (ceo, non-profit org)     22 August 2020

Venu sir, On all forums you give a similar reply saying the issues are "deeper". Can't you present your solution for the given facts?

If you don't believe someone's story just don't imply that they are lying. This could hurt people who are saying the truth.

Krishna Kishore   23 August 2020

Hi All we have to sell that house because now we are unable to pay emi before sell that house we need to do some renovation. Because of that we have to vacate them so i dont want quarrel it's already happened but they didn't leave the house how can we vacant them from that house legally suggest

P. Venu (Advocate)     23 August 2020

Mr.Krishna Kumar:

You are blowing hot and cold. Originally, your issue was your wife being harassed by her parents and hence they required to be evicted. Now you have entirely different facts. And their is not even a whisper of harassment from your IN-LAWS. On the contrary, you are seeking the means to harass them. You are trying mislead this platform. 

2 Like

Sudhir Kumar, Advocate (Advocate)     23 August 2020

Why are you giving facts on instalement basis?

 

earlier you never said that :-

  1. They are residing in the house.
  2. you have to remove then
  3. You have to sell the house.
  4. You have to get it renovated before sale

Do not know ho many facts you  are still to disclose.  Not understood in this frame where from brother of your wife came in picture

Do you really think of getting proper advise without knowing facts?

If they are to be removed (irrespective of their unreasonable pressure) then under stand that your wife ( which includes you and your children) has a duty to look after them. Removing them as not as a smooth sail as it appeared before you disclosed above facts. Ownership in the name of your wife does not absolve you all from the liability under Sr Citizen Act.

It is unheard that someone renovates the house before selling.  It does not add to sale price , even it does the addition of price is much much less than the cost of renovation.

1 Like

Krishna Kishore   23 August 2020

@p.venu if you have suggestion please give because we know the pain and suffered this is india here we have good and bad parents and good and bad children also there yes they have tortured my wife mentally due to that we left that home and we are staying rented house now again they came back day before yesterday for that property. My wife has threat from them day before yesterday i was there in home so i can handled if i was not there in the home who is the responsibility if anything happen. So we don't want to excuse them till now we excused but no use. I want to vacant them from that house that's it. If any suggestions please give or else don't reply

Sudhir Kumar, Advocate (Advocate)     23 August 2020

Now you are introducing new facts:-

  1. you have left that house
  2. you are residing in a rented place.
  3. even in rented placed (as appears) they are approaching you.

can you really expect an advise from Mr Venu (or anyone else) without knowing facts.

 

Given facts (so far disclosed) indicate that only suit for eviction is possible.

 

Guirther mor efacts may (or may not) prove this view to be wrong.

ravi yudha (ceo, non-profit org)     23 August 2020

A lot of people may not know how to state facts and that too in english on a public forum. Truth maybe on his side or not. We just have to advice him based on facts presents.

From what I understood from his statments

1. His wife owns a home bought using her earned income and she pays emi for that home

2. His wife's parents are somehow staying in that house

3. He wants to evict his wife's parents from his wife's home.

It doesn't matter where he is now. He just wants to evict his wife's parents from his wife's home.

Just give a solution for point no. 3 instead of harassing him.

1 Like

P. Venu (Advocate)     23 August 2020

Ok, Mr. Ravi. you can give your suggestions. 

But please note that this platform is meant for those who are really need assistance on legal issues, and not for suggesting means to persons who seeking ways to abuse the law.


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