quesBrother evicted mother from father's house after his death. What to do

My mother is 82 years old. We are 3 sisters and 1 brother. My father expired 6 years back. Now my brother living in father's self made house, evicted our mother from the house. What all action can we take and what all are her rights?

  • ansEvicting your mother is totally illegal and you can file a suit for declaration, injunction and Partition and get an order from the court allowing your mother to resume residence in the house.

    Also, if your father has passed away intestate then all of you have a share in the property and hence the need to file a suit for partition.

     

  • ansShe has full right to live in her husbands property. However in case the deceased has left behind a will than, the contents of the will needs to be taken into account before giving any opinion. In the meantime, file a suit for Injunction and the court will ensure that she is not dispossessed without due process of law, if at all required.

    Advocate Jiwan Pal Singh

      Tis Hazari Court, Delhi

  • ansyOU CAN FILE A CIVIL SUIT SEEKING POSSESION OF THE HOME,YOU HAVE THE RIGHT TO STAY AND HAVE THE SHARE IN THE PROPERTY,file an application for mutation/adding of names of yours and mother in the property card.

    Advocate Ritesh Isaac

      Bengali Market, Delhi

  • ansEvicting your mother is totally illegal and you can file a suit for declaration, injunction and Partition and get an order from the court allowing your mother to resume residence in the house. Also, if your father has passed away intestate then all of you have a share in the property and hence the need to file a suit for partition.

    Advocate Arjun Vinod Bobde

      Supreme Court of India, Delhi

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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