• Parents safety

Its about my parents safety ..my elder brother and his wife beating my parents..they took a control of all property ...and now become boss of the house ..my father is a drunken man...they are taking a advantage of this ..and threaten him for false cases ....they vacate my father rooms and through all is stuff out...when my father asked for his room and stuff my brother wife beat him badly..behind my mom ....when she came back...she beat my mom also...and throughing false allegation on them...she called 100 no...and register a false complain...my mom also called 100...but they didn't register any f.I.R....my father due to society didn't taking any firm step...my brother is well sound of law...took advantage of this force my father to transfer property to them...we have two brothers...what legal right my mom has...can she get her share from property ....because they are becoming violent know...
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

Your mother may file a criminal complaint against them before magistrate under section 12 of Protection of women from domestic violence act 2005 and claim protection and right to residence with compensation under section 18,19&22 of Act.

If the property is self acquired property of your father then your father may file a civil suit for eviction against them before civil Court and claim peaceful possession of property.

If the property is ancestral then you may file a civil suit for partition before civil court and claim your share.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. Unless and until your parents raise a void of protest no one can help them.

2.In stead of keeping silnce if they visit the local polcie and lodge a complaint then immeditaly your brother and his wife would be arrested.If police regoster the complaint then your aprent cna file petition u/s156(3) crpc in court for doing so

3. Your parents can file case in Senior Citizens Tribunal as well to evict them from their own house.

4.Ask your mother file DV case agaisnt his son and his wife as well.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) your parents can move senior citizen tribunal against son and daughter and seek maintenance from son

2)father can also mocve court to setr aside transfer of property made in favour of son on grounds of coercion

3) if police are reluctant to lodge FIR your mother should meet commissioner of police and complain against the local police officials

4) she can also lodge private complaint before magistrate under section 156(3 of CR Pc )to direct police to investigate and lodge case against son and daughter in law

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

your mother should record the verbal abuses heaped on her and your father

2) file DV case against son and DIL and seek protection order, maintenance and other reliefs

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1) your parents should contact a local alwyer in delhi immediatedly

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. Your mother should file a criminal complaint case under 200 CrPC to have her son and daughter-in-law summoned and tried for the offences committed by them as police is not performing its duty.

2. If your father has transferred his property to his son then he ceased to have any right, title or interest in the property. Your mother cannot challenge the transfer of property but she has the right to reside in the house of her son. To preempt her eviction from the property she can file a suit for permanent injunction.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can take your mother to the police station and lodge a complaint on her behalf as well as on behalf of your father for the atrocities that have been meted out to them by your brother and his wife.

A follow up action may be pursued with the top police officer of the district if the local police is not effective to entertain the complaint.

Your father should file an injunction suit against the violent brother restraining him from indulging in such activities and also for protecting the property and his interest in it.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

what action can we take to protect my parents ...they are threatening them badly ...using false allegation like molestation etc.to my dad.they can go any extent .what can we do ...if we does anything they searching a property motive behind this...what can we do...what action can my mother take against them ...police didn't register any complain ...if we does not take a any step may they again beat them up...please advise me what can we do.

You should accompany your parents to the police station for registering the complaint against the rude and arrogant brother and his wife before they rush to police with a complaint against your father.

They should mention about the threats persisting on their life and also the incidences of blackmail as well as intentions to drive or throw them out of the house.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

my legal right my mother have .my father didn't name any property to my mom name...we are a two sisters.

Yo or your siblings do not have any legal rights in the property owned by your father during his lifetime.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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