1)mother is absolute owner of the plot .

2) she has not sold the plot to your elder brother nor executed gift deed in favour of elder brother

3) permission for construction of building is in mother name . son was merely entitled to carry on construction on said plot

4) if no stay has been granted mother can execute gift deed in your favour of the plot and building

5) if stay is granted mother should execute will bequeathing land and building to you

6) brother cannot claim ownership rights on building constructed on said land .

The suit filed by ur brother has no merit (I m saying this from the statement u have provided). She can gift u the property after winning the case. Ask ur lawyer to file non maintainability petition for dismissing the suit

The land absolutely belongs to your mother and your brother cannot claim any right on it as it is not being sold to him also the construction on the property is on your mothers name. Affidavit or noc does not give ownership right over the property to your brother and he has no claim. The civil case filed by your brother does not hold any good ground he cannot make ownership claim based on the Affidavit.

Your mother can make a gift deed of the property in your favor to transfer it to your name.

Hello,

For the fact that your brother has obtained a NOC by fraud your mother can lodge an FIR against him for cheating and fraud.

Also, since your mother has a good and marketable title therefore she can dispose off the property in any manner she desires. The claim as filed your brother is a bad claim and will not stand tall for long before the court of law. No sections are required, but the same will be fought on the basis of principle of law.

Regards

He has a very weak case.

On the mere basis of the alleged NOC(which needless to say was obtained fraudulently from your mother), he derived no right, title or interest in your mother's property; and this is the reason why the layout that was approved stands in the name of your mother and not in your brother's name.

As on date, both this land and the building standing there on, will taken to be as belonging to you brother.

Your brother's case against you and your mother is misconceived.

Your mother is free to transfer this property to you and can do so, by executing a gift/relinquishment deed in your favor.

Your brother is no legal owner brother your mother has authorized your brother to rent or lease her premesis.

A eviction notice can be sent to the tenant and the rent.for period not paid can be asked. If they donot leave premises in notice period file a eviction suit.

Also in suit documentary evidence.hold.more value and your mother hold clear title.to the land.so you don't need to worry much.

1) mother should issue legal notice to tenants to vacate the premises

2) file eviction suit against them

3) in the suit filed by brother seek court orders to direct tenant to deposit rents in court

Dear Client,

Said NOC has no relevancy and do not give any specific right to your brother in the property, Highest he can obtain from court the recovery of payment of construction, which can also be decline if his cheating shall be proved in court, that to encroach/grab the property, he misleaded ur mother who understand English, got the NOC signed and also took loan for his personal benefit.

Owner of land is absolute and in absence of any agreement with free consent, no such orders that RCC building should belongs to him neither relevant.

Case of 420 IPC.

Rest can be advised on perusal of petition.

Dear Sir,

The shortcut way for your mother to proceed is to invoke section 5 of Senior Citizens Act. Then your mother must take to possession of tenanted houses and to induct her own persons on rent. Your mother must say that by her own earnings/savings and by your (younger son) contribution the house was constructed. Mere suit for permanent injunction is not maintainable without seeking relief of declaration since all documents stands in the name of your mother. On this ground itself suit filed by your elder brother will be dismissed. For more suggestions please contact me.

Section 5 in The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

5 Application for maintenance. —

(1) An application for maintenance under section 4, may be made—

(a) by a senior citizen or a parent, as the case may be; or

(b) if he is incapable, by any other person or organisation authorised by him; or

(c) the Tribunal may take cognizance suo motu.

Explanation. —For the purposes of this section “organisation” means any voluntary association registered under the Societies Registration Act, 1860 (21 of 1860), or any other law for the time being in force.

(2) The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct.

(3) On receipt of an application for maintenance under sub-section (1), after giving notice of the application to the children or relative and after giving the parties an opportunity of being heard, hold an inquiry for determining the amount of maintenance.

The tenants have got no locus in this matter.

The mere fact that these tenants have been residing in the RCC structure constructed by your brother on your mother's land, does not alters the position; and the fact remains that your mother continues to hold a clear title upon this property.

Since mother is absolute owner and that she has not executed any gift deed in favour of your brother as such the suit itself is not maintainable. File a suit for eviction against tenants and also file a cheating case under jurisdiction police station against your brother. Affidavit or NOC would not give your Brother any right over property.

Hello sir , the decesion of the case depends upon merits of the case and the evidence put forth before the court .. In addition she can lodge a FIR under section 420 , 406 IPC for cheating and criminal breach of trust

The land and building always is in single owner's name in normal cases. Your mom to file cheating Complaint against your brother if the said affidavit is forged and your mom was cheated. You need to file suit for cancellation of any deed between your mom and brother being illegal and bad in law. You need to file both civil and criminal cases in this case. As your mom is senior citizen she can also revoke any title deed made in your brother's favour under the provisions of maintenance and welfare of parents and senior citizens Act 2007.

Their witness will not affect ur case. File eviction suit after completion of the suit

Unless there is an order for status quo, she has nothing to worry about the land building or tenants in the title suit. It is still her property, being the sole title holder. NOC is not a title document. Question is if there is any mention for partition in the suit? Elder son cannot be totally alienated and definitely he will have some share (if not the whole RCC building) under succession law. Who is paying the land revenue? The fraud you are talking about must be proved in order for u to succeed in the suit to get the entire land in your name.

Your brother might have filed an injunction suit and also for possession based on the unregistered document which you call it as as an affidavit for NOC.

The unregistered document is not valid in the eyes of law.

Since the property is in your mother's name and also she had constructed the property on her name and also she utilised the mortgage loan amount for construction, the property belongs to your mother absolutely, his case is not maintainable.

There is no IPC involved in the civil case, your mother has to challenge his case and properly defend her interests.

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Further to that, can the tenants staying in the RCC building pose any problem by becoming witness against my mother and me. Currently, the tenants are supporting my brother and my brother is planning to use them as witness in the civil case filed by him against my mother and me in the civil case. Also, how to get rid of all the tenants legally as they are neither paying rent to my mother nor vacating the houses. They are still paying rent to my brother

You dont involve the tenants in this case, if your brother is roping them in side the case, you just dont worry about it, because the tenants are not the owners and the documentary evidences support your mother's title, hence ignore those evidences.

Your mother should issue a legal notice to the tenants to vacate the premises as the owner of the property.

Witnesses can be used by your lawyer also, by giving them a tough fight during cross examination.

Ask your mother to file an eviction suit against all the tenants, as the owner of the land is not receiving any rent out of the said property.

Regards