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Eviction of abusive child from property
09-Aug-2023 (In Property Law)
My grandmother have 3 sons. Elder son, his wife and his two sons, abused and beated my grandmother several times. My grandmother's second son, his wife and his 2 childs, 1 son and 1 daughter, totally disconnected with her 18 years. Her 3rd son (my father) is taking care of her mother and providing her food and medicines and give total respect what she deserves. Now, Elder son and 3rd son (my father) living in same house which is owned by my grandmother. Now Elder brother is refused to leave her house without taking his equal share.
Is there any legal way to oust him and his family from the house without giving him any share in Mother's property?
Religion Hindu
1. If your grandmother is the full and absolute owner of the property then it is considered as self-acquired property and no son of hers has any share or right in it. She can dispose off the property as she desires
2. Even if your grandmother has received the property via a will made by your grandfather the property will be considered her self a quired property and no one else will have any right to it.
3. Your grandmother can serve an eviction notice to Elder brother and other occupants who are disturbing her. If they don't comply then an permanent and mandatory injunction will be granted by civil court to evict the illegal occupants.
4. If your grandmother is being subjected to physical and mental abuse then criminal proceedings can also be filed against the offenders.
2. Even if your grandmother has received the property via a will made by your grandfather the property will be considered her self a quired property and no one else will have any right to it.
3. Your grandmother can serve an eviction notice to Elder brother and other occupants who are disturbing her. If they don't comply then an permanent and mandatory injunction will be granted by civil court to evict the illegal occupants.
4. If your grandmother is being subjected to physical and mental abuse then criminal proceedings can also be filed against the offenders.
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25+
25+
I have perused your query and would advise you to file a suit for permanent and mandatory injunction thereby restraining the 3rd son of your grandmother (your uncle) to evict the house. In case your grandmother is an absolute owner of the property she can through a WIll bequeath the same to anyone she desires.
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16+
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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Hello I have perused your query. In these circumstances you have an option to file a prlartition suit in a competent court court of law to crystallize shares of everyone in the said property and take respective possession thereof.
For further information feel free to contact me.
For further information feel free to contact me.
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24+
24+
Adv. Love Kumar Soni
Goa | 200+ 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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