Prasad Raghavendrachar
Asked January 31, 2017

Legal action against ill treatment by family

  • 3 Answers
  • 875 Views

Dear Legal Adviser -- My widow sister came to stay with us almost three years back along with her two children based on her request and my father's approval . I live in the same house ( ground floor) with my wife and kids . Knowing my sister's nature , I had warned my Dad that she has to be accomodated in a rented house . Now after three years , she has started creating issues by making my 80 year old father twist and turn as per the music and my father and she has started jointly ill treating me , my wife and and my children . Now they are in directly bringing in pressure on us to make us vacate the house we are in . The house we are in is my father's property . Earlier on two occasions my father had abused my wife and taking our family prestige into consideration , we had just not made it open . Now what legal options do I have to proceed

Answers 3

As far as New judgment passed by Court son cannot claim fathers self acuiqred property but u have other alternative remedy in law. Through your wife and children you approched the court for share in property. Wife also able to file dv case against your father and sister in which she can claim residential protection orders or childern has a right for partition.

Agree Comment 0 Agrees over 3 years ago

We are sorry to hear that. Since it is a self-acquired property of your father, there isn't much you can claim for. Had it been an ancestral property of the family, you could have had asked for partition. However children do not have per se rights in the self acquired property of the parents. The only remedy could be either you politely shifting out or you can approach the nearest Mediation center of your locality who may hear the parties and come to a mutual solution. Mediation is done outside the court. It is much cheaper and less time consuming.

Researcher: Sammanika Rawat  

Agree Comment 0 Agrees over 3 years ago

sir,,

you have no option since the property in which you are residing is your father's self owned property. you cannot claim any right in it. so, it is advisable that, you better try to resolve your problem through the mediator it is possible privately or else you better shift to seperate premises along with your wife.

Agree Comment 0 Agrees over 3 years ago

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