• Injustice done to us in case of property

hello sir
           we need your help sir.we are in a very worst situation.sir my mother is very innocent and she was married at an age of 16 to a guy(my father)
		   and he cheated my mother after the marriage.he married other woman.And left my mother with four children and at that time we dont have house to
		   live ,money to eat food.And we were very small at that time.And my mother was alone and fathers father started torturing my mother and my mother was
		   beaten like anything.And my mothers father loves her soo much , saw her(my mother) situation and took my mother to his residence and gave her shelter and money to eat food(3000 rupees).And 
		   he said orally i will give you this house in which my mother is staying right now.And my pension for you and you live happily life long.
		   After 15 years my mothers father passed away and my mothers first brother was taking care of us.now all my mothers brothers got married and my grandmother
		   (mothers mother)  and my mothers brothers are torturing us to vacant the house.And she is saying i had written this property to my sons and now you have to vacant the house
		   and saying my mother go and die any where we dont care for you.
		   but my mother doesnot have money and house right now and they are saying we will get a notice from court to vacant the house.but my mother said i will not go from here 
		   untill my deadth comes since my mother was staying from 20 years in the same house.
		      
			                                                            And we all went to ask a house for my fathers father and they too kicked us out of the house and they are nomore right now.And my father 
	       took some property from them and not ready to give property to us.so sir we are in a very critical situation my mother is getting weak fightinh with them for justice but no one is helping us.sir please 
		   please please help us out.
		   
		   
		                                                                 So, I request you to please give due consideration to my case and please take quick action. 

I shall feel highly obliged for this act of your kind favor.
Asked 2 years ago in Property Law from Kurnool, Andhra Pradesh
it is responsibility of your father to provide for your mother . she should file complaint under Dv act against her husband ie your father and ask for maintenance and right to stay in shared household or alternative accommodation . 

your mother need not vacate the house wherein she is currently residing . did your grand father leave any will . if he died intestate your mother is one of the legal heirs of property . your garnd mother / uncles cant force her to vacate the house . 

contact a local lawyer
Ajay Sethi
Advocate, Mumbai
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1. Your mother has legal remedies against her husband as well as her brother. She can file a case for maintenance against your father. It is the bounden duty of her husband to provide her finances sufficient for her to maintain herself. This is a liability that has been attached to every husband by the law. She should thus file a case for maintenance against her husband. Along with this she should file a case for seeking residence in the house of her husband. As she is to date married to her husband she cannot be thrown out of her matrimonial house by her husband.

2. The house of your maternal grand father belongs equally to all his children if he died without making a will. She should under no circumstances vacate this house as she has an equal share in the house if no will was left by her father. In order to cull out her share she should file a case for partition in the court. 

Your mother will need the assistance of a local lawyer for enforcing her legal rights.
Ashish Davessar
Advocate, Jaipur
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If your mother has been threatened by her mother then she should immediately go to the police station and file a police complaint against her whereupon your maternal grand mother may be arrested for threatening to kill.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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your mother can file police complaint of criminal intimidation if she has been thretened by her mother and her brothers . your grand mother cannot write the property in name of her sons only as she is not the sole owner of the property . your grand father died without a will . she is only one of legal heirs to property . she can at best bequeath her share only
Ajay Sethi
Advocate, Mumbai
23294 Answers
1220 Consultations
5.0 on 5.0

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