I am married in 2012 and my mother in law expired in 2013. After that my father in law , husband and myself were residing in our own house which was given by my mother in law to my husband by will.the same way she has given a house to my only sister in law who was also married residing with her husband. Now she often visit our house claiming to see her father but the real intention is to get share in our house which itself told to us. Now She is torturing us emotionally by using abused languages on me and illtreating us. She also stimulates her badly such that he used to beat my husband.but when she is not in the house everything goes smooth. Is there any legal way by which we can avoid her entering our residence . Can we get any court order. My husband is ready support me as she has such bad word.
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1) your husband should apply for probate of his mother will
2)if there is no contest your husband should get probate of will in 6 months
3)your husband should then apply for mutation of property in his name
4) seek an injunction restraining his sister from entering his house
It is a registered will .do we have to get probate for that . Patta transfer process is in progress
It is always advisable to apply for probate of will
2) tomorrow sister can claim share in property and allege will is forged and fabricated
3) that mother did not execute any will and claim equal share in property
1. in this scenario you can prevent her entry in your house. this is your own house and your husband is an absolute owner.
2. next time if she uses such type of filthy words you must register a complaint against her for criminal trespass and criminal intimidation.
3. she has no right to take share in this house. she is committing offence by entering in your house with an intention to commit insult, annoy and intimidation. so you have right to initiate legal proceeding against her.
1. when she insults you by uttering filthy words she commits offence irrespective of the fact that she used to come there to meet her father.
1.If she resorts ti illegal activities like verbally abusing you then her entry to the house can be restrained.
2.However only person who can restrain her entry is the owner of the house i.e.your husband.
3.So convince him to do so.
4. If he so agrees but your SIL can not still be stopped into entering the house theh he can file a civil suit and seek injunction to stop her from visiting the house.
You can file a domestic violence case agaisnt your sister in law fro creating problems and for using all types of abuses including hurling filthy language which come under domestic violence and can seek a restrain order agaisnt her in the form of protection order.
If she commits any excess you may even aproach police station with a complaint for creating nuisance at home.
It is a registered will .do we have to get probate for that . Patta transfer process is in progress
Seeking probate of Will may not be necessary if the Will was registered.
The Revenue department will not entertain application for patta without producing legal heirship certificate if the Will was an unregistered document.
1. Have you obtained grant of probate from the Court for claiming the title of the house bequeathed by your mother in law to your husband?
2. Without the grant of probate, th will has no value more than a scrap paper.
3. After obtaining the grant of probate, your husband can lodge a police complaint against your sister in law accusing her for physically assaulting him and then obtain a Court order restraining her in entering in to the house standing in the name of your husband.
4. If there is no probate of the said will obtained from the Court, she can claim her share on the said house being the legal heir of your mother in law.
1. Will need not be registered for claiming to be valid.
2. All wills are required to be probated to be treated as valid (excepting at places like Delhi where grant of probate of will is not required).
1. The house was bequeathed to your husband by his mother, which means that he is the absolute owner thereof, in which capacity he can stop anyone from entering it.
2. Your husband as the owner of the house can file a suit for permanent injunction against his sister to restrain her from entering his house.
3. Complete the patta transfer process and then only file the suit.
