• Senior citizens harassment and their welfare rights

DEAR EXPERTS,

My father is over 60 years of age and mother is 58 yrs and has diseases like high B.P., stone in gall bladder and mother suffering from high B.P. too since 2000. In  Dec 2012 my elder brother got married and the grls side gave a ritz to their girl which is in her name as token of love,after marriage his wife started fighting with my parents on the issue of transferring the ownership of my father's self earned property on her's name though my father has already told them that village land worth 20 lakhs and shop worth 5 lacs will be in their name after their death. due to this my brother and his wife have been out of the house for a year approx in 2013 and took all the jewellery she got in wedding from my mother and all the photo albums with her, but later on when they felt they can't run their family without money since the money they took from my parents worth 50000/- got over so they started pressurizing relatives to take them back in home.after relatives intereference  and social pressure my parents took them back in the house in Aug 2014 . since then there has been issues regarding my brother has no job and my parents making efforts to earn on daily basis for their expenses. there has been lot of interference everytime from daughter's parents side regarding small issues. his father has threatened me & my parents several times as he is local politician in his village. In Sep 2013 my brother misbeahved with me in front of family due to which i decided to stay out in paying guest, its been 6 months m not in touch with them except my parents. now there is regular fights between father, son and daughter in law regarding property  since that flat is in my name( home loan on my name) and no earning. there is lot of insecurity in my brother & his wife as I am unmarried. today my father has  been physically assaulted by my brother,for transferring the flat in his wife name. and my parents went to local police to which the police reacted lazy and made to sit both parties and asked for compromise. the daughter in law has earlier filed up complaint at womens cell on fake basis against my parents which she frequently threatens my parents. she has been everytime threatening my parents of putting fake allegations of dowry and false marriage.now my parents are emotionally, financially,mentally in a very bad state. i cant see my old aged ill parents are roaming here and there when they did nothing wrong. Our law has given a Brahamastra to daughter in laws to harass in-laws..my brother and her parents are using this Brahamastra against us for the sake of property. Is there any law in this country for senior citizens to avoid huge harassment by their son and daughter in law..when son and daughter cant look after their old aged parents so why should my brother's wife can claim over my father's hard earned property..and only for the sake of money and property why our law has given so much legal options to harass them..when husband is not earning and dependent on parents himself then how the daughter-in law can file a complaint and claim property.can we legally secure my parents from fake reports and complaints on ground of my parents old age /senior citizen..against my brother and his wife. 
please note the daughter in law belongs to hathrus dsitrict (near agra) and wedding took place in her home town only. so where we should seek help or incase the girls father files a case then what should be the correct and foremost step to safeguard my parents from harassment.
kindly advice the lawyer contact details with address who we can meet in person in ghaziabad  or delhi and discuss the procedure. and who can guide us correctly. what is going to be the fees paid for it and incase we file case in court how much is going to be the total expenditure on it.

please advice on urgent basis.

regards
sv
Asked 2 years ago in Family Law from Ghaziabad, Uttar Pradesh
Religion: Hindu
1) your parents should move court and seek permanent injunction directing son and daughter in law to vacate the residential premises 

2)your parents should obtain injunction order to   restrain son and daughter in law agents, representatives, assignees,associates etc. from creating disturbance in the peaceful possession  and occupation of the parents  self-acquired property

3) your father being a senior citizen can also move senior citizen tribunal for necessary reliefs 

4) we have number of lawyers on this site from New Delhi . you can contact Mr Ashish Davesar from kaaanon.com . contact details can be obtained from administration 

5) legal fees vary . lawyer whom you engage will inform you the legal fees for  drafting and  filing suit in court
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
Since the flat is in your name, you can file an eviction petition seeking direction from the court to direct the brother and his wife to evict the premises. Since your parents are senior citizen, a domestic violence along with maintenance petition can be filed against your brother. The police is to help a senior citizen and if they are not doing their duty then your parents can approach the Senior Citizen tribunals in delhi. 

The legal fees of every advocate varies. You could either choose one of the advocates on this website or you could hire another from the legal arena in delhi. there are many good senior advocates who could give you very good advice and get your case in a good shape.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1) your mother  can refuse to execute the will wherein mother share will be bequeathed to second son . 

2) since loan is being paid by you for the flat and you apprehend that your mother may bow down to family pressure best option is to find a buyer and sell the flat . loan can be transferred in name of purchaser 

3) if your parents are threatened calls can be recorded and police complaint filed for criminal intimidation under section 503 of IPC
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0
Since the flat is in your name and your mother, all that can be taken away is the share of the mother. Either you could sell the property with the consent of your mother and the loan be shifted in the name of the purchaser. Your mother cannot by Will bequeath the entire property since you are a joint owner. Such a WIll if made would not be a valid one. Further, as regards the physical and mental torture, it is advisable to approach police for protection of senior citizen
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Hi,
 Your mother cam file a domestic violence against the son and daughter-in-law and ask for a protection and prohibitory orders, from them.This will help to take them out of the house.
2. Immediately after filing the domestic violence case you should move an interim application  asking for an injunction against them staying in the house.
2. Another option to file a police complaint and ask them to move out of the house. Legally your brother and his wife has no right to stay in your father's house while they are alive. 
3. Your parents can also approach magistrate court with a private complaint against your brother. However a domestic violence case will be more effective. first file a police complaint /FIR, for physical assault, criminal intimidation and threat and ask for the protection and police can report it to the protection officer who can take it to the court under domestic violence act
4. Civil remedy also available as your parents can move to court asking a permanent injunction against your brother and his wife.
5. your parents can sell or transfer it completely in your name by gift or release deed  and you do not have any legal liability to accommodate your brother and his family. your brother and his wife cannot take any legal step against you .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. Since the flat is in your name (as you mentioned in your query), your father can not transfer its title to your brother,

2. You should file a police complaint against your brother and get an injunction in his entering into your flat with his wife. It was a mistake in allowing them to reenter the said flat,

3. Your parents can file a police complaint against your brother and his wife,

4. Your parents can also can file an application before senior citizen tribunal seeking relief,

5. You can contact Adv. Ashish Davesar, an expert of  this site to handle your case.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. Your statememts are confusing. In your first query, you stated "since that flat is in my name( home loan on my name).......". It meant that the title of the property is in your name. Now you stated "the father earned property is in construction phase",

2. Please inform the title of the property stands in whose name Nd in whose name the said flat will be registered? If it is in your father's name then your father shall have to take the acition as has been suggested in my earlier post,

3. Moreover, the property does not belong to the lending Bank. The property (i.e. the land on which the flat is being constructed) might have been mortgaged with the Bank,

4. During the pendency of the mortgage, no property can be dealt with by its owner as per law,

5. Even if your father is forced to write a Will, he can change it afterwards.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Dear Querist
as per your information the property is self earned property of your father so without his permission and will nobody can claim the property from him.

he may file a civil suit for eviction before civil court Ghaziabad against your brother and his wife.

your mother may file a domestic violence case against them before magistrate court Ghaziabad and claim protection and residence, or stay/restrain order.

You parents may file a complaint before SDM/ADM under Senior Citizen maintenance and walfare act to secure their rights.

as per law the daughter in law has no right on the property of in-laws.

you can contact personally with the documents if any.
you can get my detail from the admin.
I am in Delhi and live in Ghaziabad.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1. In the given circumstances, your parents can seek a protection order from the court seeking immediate cessation of the violence perpetuated on them. 

2. They can also evict their son and daughter-in-law from their property by filing a suit for eviction.

3. The son and daughter-in-law of your father require his permission to live in the property owned by him. 

4. The legal fees of the lawyer can be disclosed only by the lawyer whom you engage.
Ashish Davessar
Advocate, Jaipur
18159 Answers
449 Consultations
5.0 on 5.0
1. Your query is confusing.  In your first query you mentioned that flat is in your name , whereas subsequently you have stated that the property is earned by your father. Who is the actual owner of the property?  

2. The owner can maintain a suit for injunction against those who are living in his property. 

3. The property has been mortgaged, so it cannot be dealt with in any manner by the owner as the title deed is in the custody of the bank. 

4. Under no circumstances your mother can be forced to make a will. A will made under coercion can be challenged in and set aside as illegal by the court.
Ashish Davessar
Advocate, Jaipur
18159 Answers
449 Consultations
5.0 on 5.0

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