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

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.

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

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

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 .

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.

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.

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.

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.

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.