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


21-May-2023 (In Property Law)

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?

Answers (4)

Answer #1
199 votes

Evicting 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 Siddhant Sharma

Adv. Siddhant Sharma

LawRatoDelhi | 200+ Answers
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Answer #2
919 votes
Evicting 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.
Answer #3
883 votes
yOU 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

Adv. Ritesh Isaac

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Answer #4
630 votes
She 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

Adv. Jiwan Pal Singh

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