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Mother-in-Law and Brother-in-Law Not Paying Rent and Resorting to Emotional Blackmail - What Are My Legal Options?

Kanchan

Kanchan Rai  |463 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on Jul 23, 2024

Kanchan Rai has 10 years of experience in therapy, nurturing soft skills and leadership coaching. She is the founder of the Let Us Talk Foundation, which offers mindfulness workshops to help people stay emotionally and mentally healthy.
Rai has a degree in leadership development and customer centricity from Harvard Business School, Boston. She is an internationally certified coach from the International Coaching Federation, a global organisation in professional coaching.... more
Asked by Anonymous - Jul 23, 2024Hindi
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Relationship

Hi, I have given my 2bhk family to my mother in law and brother in law. Over past few years they pay less rent 40% of market value rent. from oct 2023 brother in law lost job and he also has housing emi for 21L+ 3L personal loan. He is also not giving any rent also because of the.current situation. Now he is resorting to emotional black mail and citing senior citizen act stating daughter is liable to pay for living expenses. Already the current house they are staying can get 18K rent.We tried to arrange interview for his job but looks like he is not interested and he seems to be pshyco logical disturbed and talking all non sense. My mother in law is playing neutral role and saying yes to both side without taking a correct stand. My brother in-law is two divorce with history of drinking and physiological mental problems as stated by their ex-spouse.My ask 1. What are legal options available for me. 2. We want him to vacate our house and move to his own house or 1 bhk so that we can help with money from my 2bhk rent. 3. If nothing works can we make a first move of filing police compliant which I want as a last resort.

Ans: Firstly, seeking legal advice is crucial. A lawyer who specializes in property and family law can provide you with specific guidance based on your situation. They can review any rental agreements and help you understand the implications of the Senior Citizens Act that your brother-in-law is citing. This legal counsel will be invaluable in navigating the complexities of your situation.

Next, you might need to issue a formal notice to your brother-in-law and mother-in-law, requesting them to vacate the property. This notice should clearly articulate the reasons for your request, including the financial burden their reduced rent and non-payment are causing you. Provide them with a reasonable timeframe to find alternative accommodation, whether in his own house or a more affordable 1BHK apartment. This approach shows your willingness to support them while also addressing your legitimate concerns.

It's also important to communicate directly and openly with your mother-in-law. Her neutral stance may be contributing to the tension, and having a candid conversation about the situation's impact on your family could help her understand the need for a resolution. Explain the financial strain and the efforts you’ve made to assist your brother-in-law in finding employment. Her support could be pivotal in encouraging him to take more responsibility and action.

If these steps do not lead to a satisfactory resolution, you may have to consider involving the authorities. Filing a police complaint should be a last resort, but it is an option if your brother-in-law’s behavior becomes unmanageable or if he refuses to vacate the property despite all reasonable efforts. The aim here is to protect your family’s financial and emotional well-being while ensuring that your legal rights are upheld.

Throughout this process, it's essential to prioritize your mental health and well-being. Dealing with family conflicts can be emotionally draining, and seeking support from friends, a counselor, or a support group can provide you with the strength and perspective needed to handle these challenges effectively.

By taking these steps, you aim to find a balance between supporting your in-laws and protecting your own family’s interests. Remember, it’s important to act with compassion but also with a clear understanding of your rights and the need for fairness in this situation.

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Dr Ashish

Dr Ashish Sehgal  |116 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on Apr 24, 2023

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Recently my elder brother has expired. His wife since after marriage has never shown in interest to behave well with my brother nor with my father, mother and me. More of she like to enjoy life, flirting. Since my brother nature was very soft, he never fighted with her on this and she has kept him under her control. She has one 7 year kid and she doesn't care at all about him. My mother and father are taking care of the kid. In such situations l, my father has transferred the house on my name and other finances stuff as well. Since my brother expired, she is now forcing my father to give her house. Nd my father is not willing to give her and want her to leave house. And send the kid to boarding school as he knows that she will ruined the kid life. Pls suggest how we can make her go away from our house and also make the kid future arrnagement.
Ans: I'm sorry to hear about the loss of your brother and the difficult situation you are facing. It's important to handle the situation with sensitivity and compassion, especially for the child involved.

Firstly, it's important to consider the legal aspects of the property transfer and ensure that everything is in order. You may want to consult with a lawyer or legal professional to understand your options and any legal implications of the situation.

In terms of making her leave the house, it's important to approach the situation with empathy and understanding, while also being firm about your boundaries. It may be helpful to have a family meeting to discuss the situation and come up with a plan together. You could suggest alternative housing options for her and the child, or offer to help her find a new place to live.

Regarding the child's future, it's important to prioritize their well-being and ensure that they are provided with a stable and nurturing environment. You may want to consider options such as counseling for the child, or exploring alternative living arrangements that would be in the best interest of the child.

It's also important to approach the situation with compassion and empathy for your brother's wife, even if her behavior has been difficult to deal with. Grief can manifest in different ways, and it's possible that she may be struggling with her own emotions and feelings of loss.

In any case, it may be helpful to seek the guidance of a therapist or counselor who can help you navigate the complexities of the situation and provide support to all involved.

..Read more

Ramalingam

Ramalingam Kalirajan  |7408 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jul 19, 2024

Asked by Anonymous - Jul 19, 2024Hindi
Money
Hi, sorry it's a very long post My mother is 60year old homemaker(nil income) and father is 68yr old retired govt employee (recieving pension).we are 3 children [2 daughters ( all aged between 30-40yr)]to our parents.All of us are married and earning for our livelihood. We sisters are contributing to parents health insurance and other financial things since we started earning and even after marriage ( as my father is an alcoholic too not looking after the household well).Mother has a property in her name given to her by her father as a gift deed. Father had one house and a plot in his name and some ancestral property. Brother went to abroad for studies in 2018 and came back in 2020. He had a girlfriend since his college days( he married to her in 2022, never had objection from anyone of family members ). Since his arrival, he and his girlfriend started involving in all financial matters of my maternal house to the extent he was using my father's debit card for his own use( father says he has given card to brother willfully). Brother wanted to construct a commercial building in my mother's property. He and my father started threatening my mother to register her property ( actually located near Brother's girlfriend house) in name of brother saying if she doesn't agree ,they won't marry off my sister( who got married in 2022 in the presence of grandparents, mother and myself and both my father and brother didn't attend the marriage). They even extracted money from mother's account (which was given now and then to her by me and my sister).During all these process even brother's girlfriend ( wanted a source of income by renting my parents house)also started abusing my mother and involved in all financial matters ( that freedom was given to her by father and brother as my mother was suppressed and we sisters were not aware of things going on). Everything led to the abandonment of my mother who stayed in her friend's place then I brought her to my house. Now after 3 years ( during the course our wellwishers tried counselling and mediation between my father, brother and mother without sisters which didn't work out). my brother got my parents house( and a plot which was in my father's name) registered to his name as a gift deed from my father without informing mother. All the documents of the property gift deeded to my mother by her father is with my brother and father. They are threatening my mother if she enters her own property. Now my mother has no place and income though she had contributed extensively to upliftment of the family all over these years. She ran a grocery store for 15years during which one plot was bought and house was built in that. Another plot was bought after my parents marriage with the help of dowry money given to my father ) but all the properties were registered in my father's name. She has her contribution financially, emotionally and physically. Now doesn't my mother has right to ask back the house and the property given to my brother without her knowledge and to ask for maintenance from my father and also sue all three of them for mental and physical torture..? We sisters want her to lead a peaceful life in her final years of her life.. please guide us.
Ans: Evaluating Your Mother’s Rights

Your mother has been through a lot. Let's explore her legal and financial rights. She deserves to live peacefully in her final years.

Legal Rights Over Property

Your mother owns property gifted by her father. She has full rights over this property. The property can’t be taken without her consent. If your brother and father took documents, this is illegal.

Action Steps for Property

Retrieve Documents: Seek legal help to get back property documents.
Consult a Lawyer: Discuss the possibility of reclaiming the property.
File a Complaint: If threatened, your mother can file a police complaint.
Maintenance from Your Father

Your father has a duty to support your mother. She can claim maintenance from him. This can be done through legal channels.

Action Steps for Maintenance

Seek Legal Advice: A lawyer can help your mother file for maintenance.
Family Court: File a petition in family court for maintenance.
Right to Ancestral Property

Your mother contributed to the family. She can claim a share in ancestral property. The law supports her right to ancestral property.

Action Steps for Ancestral Property

Legal Consultation: Discuss the possibility of claiming ancestral property.
File a Suit: If needed, file a suit for partition of ancestral property.
Mental and Physical Torture

Your mother faced mental and physical torture. This is a serious issue. She can seek legal action against your brother, father, and sister-in-law.

Action Steps for Torture

File a Complaint: Lodge a complaint with the police for harassment.
Protection Orders: Seek protection orders from the court.
Health Insurance and Financial Support

You and your sister have supported your parents. Continue to ensure health insurance coverage. Your mother may need financial support until her rights are restored.

Action Steps for Financial Support

Joint Efforts: Continue supporting your mother financially.
Plan for Future: Set up a fund for your mother’s needs.
Investments for Secure Future

Consider investing in mutual funds for your mother’s secure future. Regular funds with the help of a Certified Financial Planner (CFP) are beneficial. Avoid direct funds due to lack of professional advice.

Benefits of Regular Funds

Professional Management: CFPs manage the funds, ensuring optimal returns.
Less Hassle: No need for your mother to manage investments actively.
Tailored Advice: Investments tailored to her risk profile and needs.
Regular Review of Investments

Regularly review investments with a CFP. Adjust them based on your mother’s needs and market conditions. This ensures her financial security.

Final Insights

Your mother has rights over her property. She can claim maintenance from your father and her share in ancestral property. Legal action can be taken for mental and physical torture. Continue supporting her financially and ensure her health insurance coverage. Invest wisely with professional advice for her secure future.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

..Read more

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Anu Krishna  |1422 Answers  |Ask -

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Asked by Anonymous - Dec 31, 2024Hindi
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Asked by Anonymous - Dec 31, 2024Hindi
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after 11 years of courtship i married my boyfriend with parents permission after convincing them .We have been married for 1 year now and in this one year i saw many changes in him.he gives importance to his mother takes decisons without discussing with me but with his mother.To please his mother he talks about me like she dint do that particular thing.Now he went abroad for job and i am pregnant .I left my job and shifted to my parent's place.He doesnt even talk to me or message me.I only have to message him.If i tel any of my pregnancy complaints he either tells his mother or says i am overthinking.Now he said if I dont follow his house rule i better stay in my parents place only .I am so upset and devastated.What should I do
Ans: Dear Anonymous,
What according to you have caused these changes in him and that too after 11 years of courtship? Did any instance cause him to act differently than before? And were there no indications of him acting different during your courtship days?
Why I ask this is that it is difficult for anyone to pretend for 11 long years! He would have displayed his current behavior sometime in the past and maybe you simply decided to overlook it?
Courtship days and marriage days are vastly different and what seemed okay during the courtship time becomes an issue after marriage. If this is not the case, it's quite possible that some incident which was seemingly small became a huge issue in his head causing him to act different?
Now, why am I going into this so much is because most often we overlook reasons that can be worked on. So, do think hard on this...
It is also time to involve your parents who can talk to his mother and figure out why her son is acting all weird. Surely, your mother-in-law needs to know that her interference the way it is, is going to destroy her son's marriage. So, get your parents to talk to her. And in the meantime, as hard as it may seem, do take care of your health for yourself and your baby.

All the best!
Anu Krishna
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Drop in: www.unfear.io
Reach me: Facebook: anukrish07/ AND LinkedIn: anukrishna-joyofserving/

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Ravi

Ravi Mittal  |485 Answers  |Ask -

Dating, Relationships Expert - Answered on Jan 02, 2025

Asked by Anonymous - Dec 24, 2024Hindi
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I am in a relationship with a girl since last 1.5 years, i told her everything regarding my financial status,my past ,everything.......she was also in a relationship for 5 years and she told me intially her ex mistreats her, abuse her , sexually force her and she hates him etc all this stuff.....but i found that she herself called her ex and then told me after 4 months...i forgive her but from last 2 months her behaviour is changed , now she is finding too many problems in how i look, my financial status and compare with other boys that they have car and they took their gf to long drives etc( her ex contacted her again and told her he got a job since then she starts all this stuff? She triggered my insecurities and i am feeling most useless and worst person... what should i do, does she really loves me? Please guide me ...i am started feeling depressed .......
Ans: Dear Anonymous,
Let's address the most important thing first, does she really love you? I am not sure about that. It's neither a solid yes or a solid no. But therein lies the challenge. If there is confusion, there is concern. Moreover, the habit of drawing comparisons with other people and how they treat their partners is an indication of a toxic relationship. I would urge you to rethink this relationship.

There will always be someone better out there- with a better car, a better-paying job, or even better looking, but that doesn't mean we stop loving our partner and leave them for that "better someone." Loving your partner is a choice you make every day. Having said that, it is okay if she wants someone "better." Let her. You deserve better too.

Please reconsider this relationship, especially if it is causing you so much sorrow.

Best wishes.

...Read more

Ravi

Ravi Mittal  |485 Answers  |Ask -

Dating, Relationships Expert - Answered on Jan 02, 2025

Asked by Anonymous - Dec 26, 2024
Relationship
Hi i am 30yr old man i was in relationship with girl from school time since15 year with different caste in 2023 marriage proposal from another girl comes that time i talked with my family about my love they refused for marriage to her i did not put aggressive effort as i also don't want to hurt them after my marriage in a month i am remembering her continuously and start taking to her again i also told my wife about it she doesn't want to leave me (i also told her before our marriage but that time i told her that we broke up) after a year in this November her marriage is fixed by her parents now she is married since 2 month but she also don't want to live with her husband and want to come back We both wanted to come back to each other what should we do.??
Ans: Dear Anonymous,
I understand that it is a tricky situation. I am sorry I cannot tell you what you should do, but I can tell you that you have to handle this very carefully because it's a sensitive matter and involves too many people and their emotions. You can discuss the same with your family; you might be worried about upsetting them but at the end of the day, it's your life and you will have to live a long long time with the decisions you make. Sort your priorities- ask yourself these simple questions: what would hurt you more- hurting your parents and making your wife collateral damage because of your confusion or not living the rest of your life with the woman you love? Once you can answer these truthfully, it will be easier to make a choice.

Hope this helps

...Read more

Ravi

Ravi Mittal  |485 Answers  |Ask -

Dating, Relationships Expert - Answered on Jan 02, 2025

Asked by Anonymous - Dec 28, 2024
Relationship
I love my boyfriend very much but the thing is i am not a virgin and my boyfriend doesn’t know that , he thinks i am a virgin and he wants me to be virgin only , i am completely loyal to him I don’t have any type of contact from my ex boyfriend and i really want to marry my boyfriend and live a healthy and loyal life , my boyfriend doesn’t like lies but i really can’t tell him the truth as it will affect my relationship which i don’t want to happen, he will come to know that i am not a virgin but the main problem is my ex bf what if he comes in my life again and tries to spoil my relationship by telling my bf the truth? And i really don’t want this to happen what should i do? I myself don’t want to loe to my bf but this is the thing i really can’t tell him it will break my relationship and other than this there is nothing that i lied i am just afraid what if my ex blackmails me and when my bf comes to know and he will be heartbroken i don’t want to break his trust
Ans: Dear Anonymous,
I understand that your virginity is important to him and you should not have kept this from him, but do you understand that your virginity is your choice? Why does he have a say in it? He is your partner- he loves you, but he doesn't own you. And what you did in your past is not something he can judge you by; why should that affect your relationship? I know that you love him but it's better to tell him the truth and accept the outcome than to keep lying and feel guilty about something you should not even be worrying about.

I am sure he has many great qualities but being so concerned about your virginity seems a little concerning. You are a person with so many other attributes. Why would he ignore all of that and care only about something that you have no control over? I suggest you tell him, but please remember, no matter what he says, you are not at fault here. It's in your past, a time when he did not exist for you.

Best Wishes

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Radheshyam Zanwar  |1118 Answers  |Ask -

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Ramalingam

Ramalingam Kalirajan  |7408 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jan 02, 2025

Money
Hello everyone, I need some advice on investments. I’m planning to invest around 25k monthly in equity mutual funds and stocks through a Demat account in my mother’s new demat account. I already have my own account as well. The investment amount for my mother’s account will come from rental income generated from a property owned by my father. Is this approach acceptable, or could there be any issues with the investment process or the inflow of funds into my mother’s account? My plan is to invest for the long term, approximately 12-15 years.
Ans: Your plan to invest Rs 25,000 monthly in equity mutual funds and stocks is commendable.

A 12-15 year horizon is ideal for equity investments.
Investing through your mother’s Demat account is possible but requires careful attention.
Let us examine the key aspects and potential issues in this approach.

Fund Source and Ownership Implications
Using rental income from property owned by your father raises ownership considerations.

Ensure the rental income is legally transferred to your mother’s account.
If your father remains the legal owner, document the transfer as a gift or allowance.
This clarity avoids tax-related complications in the future.
Proper documentation ensures that the funds in your mother’s account are not questioned.

Taxation of Rental Income
Rental income received by your father will be taxed under his name.

Transferring funds to your mother does not change the tax liability.
Your father will continue to report this income in his tax returns.
Ensure all transactions are clear and traceable for compliance.
This ensures transparency and avoids potential legal issues.

Taxation on Investments in Your Mother’s Name
Investing in your mother’s name offers certain tax advantages.

If your mother has no other significant income, her tax liability will be lower.
Long-term capital gains on equity funds above Rs 1.25 lakh are taxed at 12.5%.
Short-term gains are taxed at 20%.
This can reduce the overall tax burden on the portfolio returns.

Choosing the Right Investment Vehicles
Your strategy includes equity mutual funds and stocks. Diversify carefully for consistent growth.

Allocate a significant portion to actively managed equity funds for steady returns.
Avoid index funds due to their passive nature and lack of adaptability.
Use multi-cap or diversified funds to manage risks effectively.
For stocks, focus on blue-chip and fundamentally strong companies for long-term wealth creation.

Avoiding Risks with Direct Funds
Direct funds lack the guidance of an expert.

Without a Certified Financial Planner, portfolio decisions may not align with goals.
Regular funds through a trusted distributor offer better support and insights.
This ensures professional management of your investments.

Monitoring and Rebalancing
Investments require periodic monitoring to stay aligned with goals.

Review the portfolio annually for performance and sector allocation.
Rebalance to maintain the desired equity-debt ratio as market conditions change.
This keeps your portfolio on track over the long term.

Legal and Practical Considerations
Using a separate Demat account in your mother’s name is acceptable.

Ensure that account documentation reflects her as the sole holder.
Clearly separate her investments from your personal portfolio.
This avoids confusion and ensures clarity in ownership.

Suggestions for Long-Term Wealth Creation
Your investment horizon of 12-15 years supports growth-focused strategies.

Allocate 60% to actively managed equity mutual funds for high potential returns.
Reserve 20% for hybrid funds to balance risks and provide stability.
Keep 10% in international equity funds for diversification.
Use 10% for direct stocks in stable and high-growth sectors.
This diversified approach balances risks and maximises returns over time.

Final Insights
Your investment strategy is promising and aligns with long-term wealth creation. Document the fund transfers clearly to avoid tax and legal complications. Avoid index funds and direct funds due to their limitations. Engage a Certified Financial Planner to optimise fund selection and monitoring. A diversified portfolio will help you achieve your financial goals efficiently.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

...Read more

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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