property issue as bought jointly by parents but now mom moved out


My dad and mom have a property in both their names. They both had been working and have together invested. Now both are retired and because of domestic violence, she had to leave him and she is left with nothing. My dad refuses to give her the house. What can my mom do in this situation? Your advice will be highly valued.

Answers (2)


254 votes

Hi sir/madam, your mother is having every right to get her share as joint property of your mother in the said property. You mother can file civil suit for partition before the jurisdictional civil court.


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188 votes

if your mother has filed a criminal case against your father under D.V.Act, then under the same act she can seek for protection of her rights in the property jointly owned by her also.
If she has not filed the case, then she must file it and seek for protection of the property, alternatively she can also file an injunction suit before the civil court and obtain a permanent injunction against your father from trying to sell the property or in any manner create any third party rights, lien or charge over the said property, without obtaining the written consent of your mother in all such transactions.

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