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Son physically abuses mother to get her share in father's property
16-May-2023 (In Criminal Law)
We are two Brother & a married sister. My father, who died in 2014 was the single son (with five sister) of my grand father (who died in 2016). My Grand mother lives with my elder brother in Delhi & my mother lives sometimes at my native & sometimes with me at Gurgaon. Sir, my elder brother abuses my mother, mishandled her several times at my native when nobody is there. He wants to get my mothers name out from the earned properties of my father. I offered him to leave his share in the house at native and take some other property from my share of equal value. But he is not ready for any solution. Pls suggest
Your mother has a valid share and no one can take away her share until she herself gives to someone without any coercion, it's better to get the property divided by meats and bounds so that no one interferes in others share.
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Adv. Sumit Kumar
Noida | 25+ Answers
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Regarding first issue:
Physical abuses comes under crime. There are so many section in IPC to protect the civilian right like physical abuse etc from unsocial elements.
My advice is protect your mother under the Maintenance and welfare of parents and senior citizens act 2007. Your brother will be punished by magistrate under the section 24 of this act.
Regarding second issue:
Father property gets allocated equally among members (Father successor: son, daughter, wife), sit together to solve the problem otherwise go to court for the same.
Regards
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Adv. Ganesh Shukla
Varanasi / Banaras | 25+ Answers
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