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How to claim vested interests in father's property


14-Jun-2023 (In Property Law)
I am a poor Hindu widow of 38. and have only son of 18. residing in brother's house after my husband's death. This House is under the name of my two brothers.Now my brother's are tried to De-house to me and my son and also to my widow mother. What can we do ? We have no right to claim to stay here from my brothers ? They are pushing out my mother also. Apart from this house my father left some agricultural land in his own name.
Answers (4)

Answer #1
896 votes
You should file a partition suit and get an order of injunction and on the other hand inform police that about untowards incidents if any. Have a full consultation so that it can be more clarified....
Answer #2
947 votes
You may raise your claim in the civil court of your jurisdiction by seeking appropriate relief against your brother as the land which has been left by your father will be distributed as per the hindu succession act wherein your mother has the share and your brother are bound to take care of your mother as per the maintenance and welfare of parents and senior citizen act, 2007. Seek advise from the local advocate who will make you understand the things
Answer #3
855 votes
Dear client
In response to your queries I would like to state that as the house are in the name of your brother legaly speaking he is the owner in that case your right to stay in the said property is that of a licencee which can be revoked anytime.. At best your mother can claim maintainence from your brothers under section 125 of Crpc and DV act
Answer #4
624 votes
Who had been the original owner of the house and how the ownership right vested upon your brothers? The mode of transfer of such property and legal validity of the Same are required to be made known to me.If your brothers are lawful owners of the said property, they have every right to exercise their control over such property. Non owners do not have any scope to exercise their rights over such property.For agricultural land ,as stated above,if not already transferred to others, the same is opened​ to be shared amongst all Coparcener in accordance with the provisions of the relevant enactment.please contact lawRato for further instructions.

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