• Can sister-in-law and brother can throw mother from her house?

Can sister-in-law and brother throw mother from her house? Property is not inherited or ancestral and made by my father and mother. pls give advise.
Asked 2 years ago in Family Law from Chandigarh, Chandigarh
Religion: Hindu
is your mother co owner of property? if she is absolute owner of the house she can if she so desires evict her son and daughter in law .

 you have not mentioned whether your father left a will or died intestate ? who are the legal heirs ? in whose names was property purchased?
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
no they can not,advise her to file suit for permanent and temporary injunction,she can also file a complaint under DV act in the court of metropolitan court
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
already replied
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
then act properly
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
if they do not act properly ,inform the police and ask them to register FIR and take legal action
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
mother can also make an application Under Maintenance of senior citizen Act against her son and daughter in law .she can seek maintenance from her son for upto Rs 10,000 a month and also order directing her son to provide foo , clothing and medical expenses and to restrain them from evicting her from her house .
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
Dear Querist
if you mother is live with your brother and His wife and they are harassing her then file a domestic violence case against them before Magistrate and get protection and residence order. if she is unable to maintain herself then she can also claim maintenance.
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
If the property is made by mother and father then it follows that mother is the joint owner thereof. An owner cannot be thrown out of his/her property by any one. So the son and daughter-in-law of this woman can't throw her out of the house of which she is the joint owner.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
If she has been illegally removed from her house then she should file a case for domestic violence and seek a re-entry inside her house and a further stay order against being thrown out again. The son and daughter-in-law of your mother can be jailed if they violate the court order. 

You have not approached the proper authority for ventilating your grievance. Crime against women cell cannot provide any relief to your mother. Only a court of law can come to her aid.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
425 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0