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Indian Law/suggestion about my property


hello sir we are four sister of my father and three of them are married. my father spend his all money on our education so when my sister got job she bought a house for my father and now my sister's husband fight her and beet her for that house... if we give that house to him then there is no place left for my mother and father. please tell me what can i do for my parents.

Hello Jyoti,

Your concern is the dwelling house that is bought by your sister is now sought by her husband and that your parents will be homeless if they leave the house.  You have not indicated in whose name the house is registered. Assuming that your sister bought the house in the name of your parents and they are in enjoyment of the same.

This is nothing but an emotional blackmail by your brother in law and he may be under the impression that the house will be divided later to all sisters and he will tend to loose the entire share in the property.  Under this situation, he should be pacified by the elders in your family to be passionate and consider the old age of your parents which I am sure he will understand. The option in my opinion is that your parents write a document that they be allowed to stay in the house as long as they live and after them the house will be automatically go to your sister.

The other option being, your father and mother should rent out the same house and pay nominal rental value with which your brother in law will have hopes that it will later not be divided among the other siblings and may be he will consider.

The hard option being, your father and mother should file a suit for injunction seeking restraint against your sister and brother in law not to interfere in their enjoyment to the house and also move an application before the court u/s 125 Cr.P.C seeking a direction that they be maintained by you all and the house presently where they are staying should be continued to be enjoyed during their life time.

A good lawyer on civil and criminal side will be best able to guide you in this matter.

Best regards

Javed Razack

Indian Law

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Javed Razack


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