Dear sir, I am Naveen Kumar. I got married in register office as my parents didnt agree for my love. Sue to this reason, My parents had made force full agreement with me that my wife should not have any legal rights on the house (which I constructed with my own money ) . They also written false statement like house was built together by me , my brother and my mother. But I have built the house by taking home loan and still I am paying EMI every month since 3 years. Fortunately, the agreement is not registered. but I have signed on revenue stamp sticked on white paper and 2 witness also were there. Please let me know if this agreement is valid and can my parents use this to get share in my property??
That is absolutely bogus. The statement was written on a white paper with doubtful evidence and doubtful witnesses. That paper holds no value. You are paying the emi and the house must be registered in your name. That is enough.
They cannot get a share in your property.
Your mother and brother can use agreement to claim one third share in property
2) take the defence that full payment was made by you
3) enclose your bank statements that prove funds were transferred from your account
Unregistered document of any type in which the property has been referred is legally invalid. To be valid the document has to be adequately stamped and registered in the jurisdictional Sub Registrar's Office. Hence, in the instant case, based on the agreement, your parents can't get share in your property.
The property is already registered on my name but they are not allowing my wife to enter my home due to this agreement. They are also not allowing me to sell my property because of this agreement.
You should lodge an FIR that they have make you sign on blank papers forcibly and tge police will take necessary action. This is ridiculous.
Wife is entitled to stay in her matrimonial home
2) she can file DV complaint against your parents , siblings seek protection order , right to stay in her matrimonial home
3) you are at liberty to sell your property after repayment of loan as bank consent is necessary for sale of property
My father is a pensioner getting around 25k pension. My parents are staying in my house at present. Is there a way to ask them to leave my house as my wife doesn't hav protection.?
1. You can not enter in to any agreement stating what your wife will claim or do.
2. So, it can be called your statement only.
3. If your wife can prove that you have paid the entire amount to acquire the property which stands in your name, the said so called agreement/statement will have no legal value.
4. However, you can lodge a formal police complaint alleging that your father and brother has forced/compelled you to write something dictated by them and sign the paper on revenue stamp wherein the statements made in the paper are not correct which you were compelled to write and sign.
You can offer your parents alternative accommodation on rental basis
if they don’t have any place to stay you and your brother are bound to maintain them
1. Lodge a police complaint against them as suggested in my earlier post.
2. Your wife should lodge a police complaint alleging that she is being stopped forcibly to enter in to the house of her husband where he is residing.
3. Wife has the right to stay at the place where her husband is residing.
4. If police is not acting, file a Writ Petition against police inaction making your father and brother also necessary parties praying for an order upon the police to register FIR based on the complaints. investigate and act as per law and also pray for an order upon your father and brother not to resist entry of your house where you are residing.
It would be very harsh on your part but yes you can ask them to leave.
At least you can bring her to your house with the help of the police.
1. Yes, you can very well file an eviction suit against them.
2. Your wife also can file a DV case and also lodge a police complaint u/s498A of IPC alleging that your father and brother are demanding dowry from her for which hey are not allowing her to enter in to your ghouse and stay with you
The said agreement which was made in a plain paper is not an affidavit neither it is legally valid or enforceable in law.
Since you have documentary evidences to prove that you only had built the house out of your own funds, you need not worry about their claim of joint funding or joint ownership.
They cannot do any damage to you in this regard.
If you are still worried about it then you can file a suit for permanent injunction restraining them from interfering with your possession and enjoyment of the property.
If they indulge in such illegal activity of not allowing your wife into the house or restricting her entry on the basis of the said agreement , you may issue a legal notice to them stating that the agreement what they obtained from you by force is illegal and invalid.
In the same legal notice you may instruct them to refrain from posing threats to your wife as well as for her entry into the house belonging absolutely to you alone, failing which, you may warn them that they may have to face legal consequences for such illegal activities unleashed against you and your wife.
You can issue a legal notice to them to vacate the house as they are illegally occupying the house and also are causing fear and posing threats to your wife and disturbing your peaceful matrimonial life.
Besides your wife also can file a domestic violence case against them for the alleged illegal acts of threats and restrictions to enter into her matrimonial home.
- If the said house is registered in your name , then legally your parents cannot disallow your wife to enter into the same , and the said agreement having no value in the eye of law even it would registered.
- Further, during your life time your wife is not having any right to claim over the said house , however she is having her right to residence .
- Further being the owner of the said house you are free to sell the said self acquired property to anyone without getting anybody consent.
- If they are claiming that the said house was constructed and purchased from the family fund , then they will have to produce the proof of fund payment accordingly.
- You wife can file a compliant before the court under the provision of domestic violence Act against your parents , and thereby seek residential right
- Further, for evicting them you can file a Mandatory Injunction suit before the court.
You can call me , if further suggestion needed.
Dear Sir,
1. An agreement (contract) made out of coercion shall NOT be considered a valid agreement, EVEN IF you sign the same.
2. Since the house is yours, only you have a claim over it and only you can choose to do what you want with the house.
3. The agreement is not enforceable and your wife has all rights to live in that house
4. Unfortunately, no law yet provides for a provisions like that. But, you may inform about this to the police, so that they shall ensure protection to your wife, in case she is harassed.
Thank you
