×

quesBrother pushed mother out of dead father's house. What can she do now?

My brother has forcibly pushed out my mother and locked the house that was bought by my father. After he died, my mother was staying there and wanted to sell the house. The house is still in my father's name and he died without a Will. We are 3 brothers and 2 sisters.



 



What should me mother do now that she does not have a home and wants to sell that home and use the money for her future needs.



 

  • ans

     

    As the house is in your father's name and he has died intestate (without a will), you need to file a suit for partition and permanent and mandatory injunction. 

     

    Assuming you are Hindus, Section 8 of the Hindu Succession Act stipulates that the property of a male hindu dying intestate shall be divided equally among the Class I heirs and hence, the property shall be divided into 6 equal shares (1 widow + 3 brothers + 2 sisters). 

     

    Thereafter the partition decree shall be passed by the Court and the proceeds after selling the house shall be divided equally.

     

    In case the Court comes to a conclusion that it is impossible to partition the property in Six Equal parts, i.e. by metes and bounds, the Court will order sale of the property and divide the sale money equally among all.

     

    You can get a protection order for your mother under Maintenance and Welfare of Parents and Senior Citizens Act 2007 whereby she shall be protected from ouster from her own house and if thrown out, your brother can be compelled to take your mother back to her house and maintain her as well.

     

  • Send a legal notice to builder for delay in construction @ Rs. 1999/- only


    Know More
  • 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.
Consult best Property lawyers in India

Similar questions

My dad bought property registered on my moms name. However they have seperated now but…
I am going to sell my property in Kolkata but as I am in B…

SIR,i have bought a flat in kolkata area with sanctioned loan from bank and registration…

I have bought one flat From DS-MAX near Varthur, Bangalore. SBI has sanctioned loan against…

Property Lawyers in India

Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 16 years


Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 24 years


Advocate Prabhjit Jauhar

  Connaught Place
 Experience: 20 years


Advocate Mohammed Abdul Quadeer

  Shree Ram Nagar
 Experience: 11 years


View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly