With respect to the directives of High Court of Delhi in favour of the Senior Citizens right to evict their abusive children, I sought your help in understanding a similar case with my own widow mother, who has been the victim of abusiveness for nearly 13 yrs now. The house where she lives, stays along my elder brother,his wife and their daughter. The house used to be in the name of my father who died intestate. After his death, I got it mutated in my mother's name. I being their daughter, a son and my mom is the legal heir. I have tried my level best to settle the frictions amicably in the past with a hope that things would work for better over a period of time. But the situation has reached now that other than legal course, there seems to be no other way out. My mother is 73 yrs is medically unfit (suffering from Diabates)and find herself very weak to fight with the two and wanted to live peacefully. Also, my brother on most of the instances has threatened her that he will vacate only on court orders.Can anyone please suggest about legal recourse, that I should look for to help my mother. though she draws a minimal family pension. This house is the only property she has as of now. She is managing her expenses on her own. Though my brother and the family and my mother are living under the same roof, but the kitchen is handled separately. She is not been looked after well. I am ready to take care of my mother but her financial security is a concern to me given her health issue, since I myself have an 77yr old Father-in-law to be looked after. My Husband is equally very understanding , accommodation and wanted to extend his help to me for my mother. Given the circumstances, I could only keep her with me or close to my house and look after her.
I am really clueless about how to seek a legal help to resolve this.I am living out of station, If I decide to file a partition suit from me and my mother, will it help. What would be the recourse, if my brother refuses to vacate the house even after filing the partition suit? Please suggest .
Asked 7 years ago in Property Law
Religion: Hindu