Police cannot force you to give room on ground floor to daughter in law
2) file suit seek court orders to vacate portion of ground floor in her possession as she has already room on first floor
Issue between house owner and daugther in law
I and my wife have a house fully owned in our name. We have 2 daughter in laws living in their respective rooms at first floor with attached bathroom and dressing. My elder son andher wife are living separately in different rooms since 1.5. Years as they are undertaking divorce and case hearing is in process. We have 2 rooms on ground floor. One for us and one for guests and emergency. On ground floor i also gave permission to my elder daughter in law ro live in a room for 2 months during day time for her comfort around 1.5 years back. At 7 pm she goes in her own room every day. Now when my wife asked her to plz leave my ground floor room she said that no one can ask her to leave as now this room is hers however she also living in 1st floor as well. We complained at jansoochna . Police also came in april 2020 and said that this is civil matter and they cant do anything and we have this thing in written from thana incharge. Now my wife badly needed the room as she have to undergo eye surgery and to live in comfort post surgery so she locked the ground room by taking childrens clothe and toys out in boxes. The elder daughter in law was happily comforting in ger first floor room at that time (CCTV available). When she knew that her room is locked after half an hr, she went outside and complained the police that we have forcefully thrown her out and done theft. However we have all cctv recording that nothing like this happened. Police came at once and tried to take my wife in detention without knowing the truth at 8 pm. We then showed the police daughter in laws room on first floor (police recorded all in their camera). Now police said that u have to give her back the ground floor room. We told them that is she is having proper room in first floor, how can she demand second room and under what authority police can force us to do this. Listeing this, the police office said to daughter in law to come to SHO in morning and they will make sure that u get ur second room at GF also and they left our house. Now daughter in law have occupied our lobby and have arrnaged her folding bed by bringing it from her first floor room. She is demanding that she will not go untill she get ground floor room also. 1. Plz tell me, is there any authority of police to force us to give our own owned GF room to daughter in law again ? 2. And what report can we file against her now .
Asked 4 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
8 Answers
Hello,
- The police has absolutely no authority to interfere. The police intervened as she has made out a case of domestic violence, theft etc.
- Your wife should file a case of domestic violence against the daughter in law and your son and lodge complaint under provisions of Senior Citizens Act 2007 for harassing your ailing wife and creating such ruckus in the house.
- If the police is refusing to take the complaint, you can lodge the complaint in the Magistrate Court with the help of a lawyer.
A domestic violence case against her should immediately be filed through your wife stating what is she doing.
An eviction order should also be obtained under the senior citizens act.
1. It is a civil matter.
2. Neither your wife can forcibly evict your daughter in law or lock the room at the ground floor occupied by her nor the Police can decide on the matter.
3.Police is only enquiring the complaint lodged by your DIL and trying to address the problem complained by her.
4. It was mistake to get the fact of locking the said room unitarily recorded with the police by showing them the CCTV footage.
5. Your wife is exposed to facing a criminal case for forcibly trespassing in to the room of your DIL without her knowledge or consent and thereafter locking it, evidence of which you yourself has handed over to the law enforcing authority.
6.It will be prudent on your part top settle the matter amicably
1. The police cannot interfere in the civil matter.
You can approach the top police officer with your grievances against the local police and also file a suit for injunction against her.
2. You can file a criminal trespass case also if she's not cooperating to vacate the ground floor.
We will file application under Senior citizen act 2007 to evict son and his family. 1. If we get the order of Eviction, will that order makes sure that my DIL (Daughter in law) gets out of my property on the set date as prescribed . can she create nonsence by not going out till last date. what will happen next then ? 3. Can she take stay on that order by any higher court or session court ? 4. What if she files for DV case after we file for eviction case coz as per new supreme court ruling, DIL have right of residence in Our property. Will that dv case stops the eviction order ??? 5. My son is fighting for divorce. After eviction, if he dosnt want to live with her, as she will put wrong allegations on him like DV act, can any one force him to take her wife along with him ? Rite now also they both are living in 2 separate rooms.
Asked 4 years ago
File a domestic violence case against her through your wife. She may do the same but you should do it first as it did happen.
She may go to the higher courts.
Yes it's true that there is an SC ruling in December but you have to act first. Because in criminal cases if you don't act fast the courts assume that you had a remedy and you sat over it. Why? Because you weren't aggrieved.
Moreover, if you son is earning she has rhe responsibility to maintain her. Yes she has to evict the property.
I must tell you that in that case a regular suit had been filed by the father in law.
Even if you obtain eviction orders daughter in law can file appeal against said order
2) she can also file DV case seeking right to stay
3) once divorce decree is granted you can obtain eviction orders
1. In that case you may file an execution petition to execute the court order.
2. She may, because she also can approach court.
3. You are right. She may file DV case.
4. He can decide about it because no law can force him to live with her together against his willingness .