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Legal action against son for harassing mother for division of property
12-Feb-2023 (In Family Law)
Sir my father expired two years back. my brother is harassed my mother and kicked her from her home for property division. The residing home is in my father's name. We gave police complaint. But they talked in support of my brother. Didn't even take complaint. What is the solution for this? We really 4 daughters and 1son to my parents.
I am unable to understand your query completely but I can advise based what you have stated that there is a property dispute. All of you have equal share in the property if your father have not left a will. If your family is not interested in counselling, I would suggest you to file a suit for partition of property, but it will take a longer time. Instead, you can also check for common wellwisher and sort outout things amicably and draft a deed for partition.
Till such time, none have the rights to ask you to vacate the house.
I hope this clarifies
Till such time, none have the rights to ask you to vacate the house.
I hope this clarifies
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Adv. Revathi Vivek
Mangalore | 25+ Answers
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Can mother file a case against son for property?
As an interim remedy, your mother can file an eviction suit against her son with an application for an injunction prohibiting her son and wife from interfering in her possession and enjoyment until the main suit is decided.
Can I file a case against my parents in India?
Living with your parents becomes impossible if you are experiencing such abuse. You can file a complaint under the Prevention of Domestic Violence Act. You can also go to the Ld. You can also ask the Ld.
What is mental harassment by mother in law?
(a) any deliberate conduct that is likely to lead a woman to suicide, or cause serious injury or danger to her life, limbs or health (whether it is mental or physical); or
What is the IPC section for mental harassment by father?
You can find the mental harassment law that will help you in India in IPC section 498 (harassment), and 506(criminal intimidation).
Hello
If your father has died intestate (without making any will) then your bother will have not have exclusive right over the property ! Therefore the property has to be partitioned equally amongst the shareholders including your mother .
So this matter being the property dispute, the partition suit needs to be filed before the competent court !
If your father has died intestate (without making any will) then your bother will have not have exclusive right over the property ! Therefore the property has to be partitioned equally amongst the shareholders including your mother .
So this matter being the property dispute, the partition suit needs to be filed before the competent court !
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Adv. Shweta Kulkarni
Belgaum | 25+ Answers
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please file partition suit against your mother, brother and your other family members by paying court fee of your part and also for declaration, The court will take up the matter and issue your share after the proceeding before the court is completed in case if the property is self acquired property of your father if he has gifted/transferred in some body name then you have no right to claim only if it is intestate then you have all the right to claim your share be the court of law.
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Adv. K.P. Sumangala
Bangalore | 100+ Answers
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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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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