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Property on mother's name,can she ask brother and his wife to evacuate


07-Aug-2023 (In Family Law)
We are three sisters and a brother. Two of the sisters are married and one is unmarried who lives with the mother, My brother and sister-in-law lives with her long with their daughter. This house is owned by our mother, our siste-in-law does have good relations with us and she has also abolished our mother physically and verbally. Our father passed away after long illness and brother is not taking any actions against his wife. Our mother would like our brother and his wife to evacuate our mother's property but they are refusing to leave. Our mother wants to give this house to us three sisters as our father has already given property to our brother. Can my mother create a will for us three for the said property so our brother can't dispute it later? Can we obtain a evacuation notice from court asking them to leave the property? Do we need to involve police or women cell? Brother says he's happy to leave but his wife refuses to leave our property, can we trust him?
Answers (3)

Answer #1
908 votes
No u can file suit for eviction against him if there is no will if will any will in his favour that I have challenge before the court . Kindly issue a legal notice for evacuation follow by suit . This
Answer #2
609 votes
If the property belongs to your mother, she has full rights over it and can give by way of will to any one she wants to give. Get the will properly executed only then it will have a legal standing. If your brother and sister-in-law are creating any problem your mother can ask them to vacate her house as this is her property and she does not want them in her house. In case they create any nuisance you can take the help of local police.
Answer #3
853 votes
Yes evicting your brother is possible if your mother is the sole owner.
She can of course leave a will in your ( in anyone's name)
Your brother's wife has no right to your mother's property.

Thanks and Regards

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