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kia (NA)     18 June 2014

Senior citizen harassment and property claim

Hello

I and my wife are senior citizen need your advise as to how should we proceed or deal with the current situation that we are in :

1. We have a property which is self-owned by me and is surving on pension.

2. My son got married 5 years back and stayed with us for 1 year. My DIL in my sons absence used to mentally torture and harass both of us. In order to buy peace my polite son decided to move and stay close to work place. After my son and DIL moved to rented home we both never visited the rented house so that my son and DIL can live in peace. After few months from moving DIL started visiting my house intermittently with my son. During those visits daughter in law used to shout, fight and harass us. Due to these repeated conflicts, me and wife suffered from intense mental torture also leading to several health problems frequently, due to which I started having high blood pressure and was hospitalized.

3. Recently, my son died in an accident and is survived by wife and small kid. After death of my son DIL along with her mother and brother have been trying to defame us . They recently filed a complaint against my family with wrong allegations of breaking in the house on the day my son died and taking away everything from the house in her absence. The funny part is that her whole family has been staying in the rented house since death .Infact I was abused by my DIL and her brother along with some of her neighbors in the police station threatening me saying break his legs.

4 few days before death of my son my DIL had started defaming us and was demanding separation from my son. She was mentally torturing him by saying that “if you  go and meet your parents I will leave you and will file lawsuit for alimony and will never let you see our kids”. My son got depressed listening all of this.

5 Its been only few weeks from the day my only son expired. We both are mentally depressed and broken after losing our loving son. After the death, my whole family and friends made multiple attempts to console, and offer help but to vain. Her brother threatened us that he will see us in the court.

6. Recently, she has filed a civil case demanding partioning in a self-owned property, and some other properties owned by my other children. In addition she also alleges that huge amount was stolen from the house.

Sir, we are really broken with sudden demise of our son and doesn’t understand the consequences of this case. As a parents I did everything for my kids in a limited income and has no savings. We are under tremendous mental pressure and is also not doing well with my health as I am heart patient. Her family has threatened us that they will take away my property in which we currently reside. My question to you is in the given circumstance:

a.        Does my DIL or her small kid have any rights in my self-owned property.



Learning

 3 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     18 June 2014

Ur daughter-in-law does not have any right on ur self earned property, however, ur grand-children has right.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     18 June 2014

Ur daughter-in-law does not have any right on ur self earned property, however, ur grand-children has right.


(Guest)

I am very sorry to hear about your loss. In the current situation I think you should sell your property and live in a rental apartment. Considering the amount of interest you will get on your sell will be much higher than the rent. Another option would be to follow 2007 senior citizen protection law and go after your daughter in law and her family. Here are the details of the law.

https://en.wikipedia.org/wiki/Maintenance_and_Welfare_of_Parents_and_Senior_Citizens_Act,_2007 

 

 


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