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Classification of property, domestic violence


04-Jan-2025 (In Property Law)
My grandfather bought property, created will in favor of his 2 sons, elder son being my father. My father is abusive and has been harrassing me and my mother and my sister in law. He threatens us every day that he will disown and throw all of us out of the house. I am the daughter who is unmarried and working. My father is severely abusive against my brother as well and have already disowned him and now threatening him that an eviction notice will be served and he would be forced to leave.
Answers (5)

Answer #1
785 votes
Hello sir/mam There are several legal remedies to deal with it . You cam contact me over phone call or whats app for further assistance or advice Thank you Regards Advocate Kuber Hooda Punjab and Haryana High Court
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Answer #2
882 votes
Will can be challenged by your grandmother and other legal heirs. And you can also file criminal complaint regarding cheating and criminal intimidation. For further information, feel free to reach me .
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Answer #3
654 votes
From the details shared, here’s a general legal response: 1. Property Rights: Since the property was passed down through a will created by your grandfather in favor of your father and uncle, the ownership is likely governed by the terms of that will. If the property is jointly owned, your father may not have the unilateral right to evict other family members without your uncle's consent. 2. Protection Against Domestic Abuse: Abuse and harassment, whether physical, emotional, or verbal, are serious issues. You, your mother, and other affected family members can file a complaint under laws such as: The Protection of Women from Domestic Violence Act, 2005 (for you and your mother). General provisions under the Indian Penal Code if threats or abuse escalate. 3. Eviction Threat: If the house is the shared household or matrimonial home, your father cannot easily evict family members, especially your mother, under laws protecting women’s right to residence. 4. Brother’s Situation: If your father is taking unilateral steps to evict your brother, your brother can legally challenge this move by: Verifying whether the property is ancestral or jointly owned. Approaching the court to contest the eviction. 5. Legal Steps You Can Take: File a formal complaint at the police station regarding the harassment and abuse. Seek a restraining order or legal injunction against your father. Approach a civil court to assert your rights over the property or residence. Your mother can claim her rights to residence and protection under the Domestic Violence Act. Adv. Mahinder Singh Mavi
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Answer #4
995 votes
You should file a complaint against your father and you can also file a case for partition of property to ensure that your dad doesn’t disown you or even if he does, it would he an afterthought since it would be after you would have already initiated litigation.
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Answer #5
706 votes
u can file case of partition of property and domestic violence under section 12 of domestic violence act. as an unmarried daughter u have all the rights after amendment of Hindu succession act in 2005 where daughter is given equal rights in property as son.
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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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