My sister and her husband are not willing to go back to their home

Our concern is that we are four siblings and all of us are daughters. Our residence is in Hinganghat (Wardha) district, Maharashtra. Two of the four sisters are married. Our father passed away eleven years ago, and our home is now in the name of our mother. Currently, our elder sister, who is married, has left her marital home due to differences with her husband and in-laws. They have since reconciled, but she is not willing to go back to their home and instead wants her husband to stay with us. Our mother is against this, as he does not…

by Shivendra Pratap Singh | Mar 12, 2023 | Civil Matters

My sister and her husband are not willing to go back to their home. Our concern is that we are four siblings and all of us are daughters. Our residence is in Hinganghat (Wardha) district, Maharashtra. Two of the four sisters are married. Our father passed away eleven years ago, and our home is now in the name of our mother. Currently, our elder sister, who is married, has left her marital home due to differences with her husband and in-laws.

They have since reconciled, but she is not willing to go back to their home and instead wants her husband to stay with us. Our mother is against this, as he does not have a job and neither does our sister.

My younger sister and I take care of our mother and send her money for her expenses, but our elder sister and her husband are not contributing financially as they are both jobless. They are now causing trouble for our mother by staying with us.

We would like to know if a son-in-law can stay in our house forcefully, especially when there are only women in the house who are supporting him financially. Please advise and help us with this situation.

Since your mother is the absolute owner of the property, your sister and her husband have no right to it. If your mother does not want them to live with her, she has the right to evict them from the house. It appears that they may have an ulterior motive, which is to acquire the house.

Your mother should consider filing a civil suit against them under the Maintenance and Welfare of Parents and Senior Citizens Act of 2007. This special act was enacted to provide maintenance and security to senior citizens. If the occupants of the house are causing violence or interfering with the peaceful living of the senior citizens, the court has the power to evict them by using force.

You can file a civil suit under Section 22 of the Maintenance and Welfare of Parents and Senior Citizens Act of 2007. This type of proceeding is summary, and the court must decide the case within six months.

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Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

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