Hello Sir, My father had allowed his sister and his husband to live in a property registered in his wife's name many years ago as caretakers. The property is legally registered in his wife's name/my mother's name and is not a ancestral property. When recently they were asked to evacuate they refused to do so and hence filed a false case against my mother. We are fighting this civil case now but before this case we had filed innumerable complaints in police regarding my parents being both medical patients and heart patients and hence in this due course if something happens to any of them than father's sister and his husband are responsible. Due to this stress my father passed away recently and still the civil case is going on. Please advice me that how can I punish the criminals due to whom my father passed away. Before they filed a false case on us we already had filed many many complaints to police commissioner etc that my parents are getting harassed for their own house. Now when my father is no more how can me and my mother attain justice. Please advice as my mother is in too much stress due to our father's demise in all this stress. Thanks !!!
Hello,
You may file a case in the civil court and claim compensation for the same.
Also ask your mother to make a will for the said property.
You may go ahead and file the said case, get in touch with a local lawyer with the entire set of documents.
Regards
1. This is a civil dispute and hence complaint to Police will not help.
2. So you will have to file a suit for their eviction treating them as licensee.
3. It is not clear what sort of civil suit they have filed.
4. You can not punish them for untimely death of your parent but certainly file the eviction suit to evict them.
See since the cause of the death of the father is natural and there is no intimidation as such a criminal action for father death is not sustainable on them, it is better you take care of the mother and then further contest the civil suit on ground they were under permissive possession so have no right over the property and on ground of mothers healt ask the court to expedite the proceedings.
Further if there is any immediate action of intimidation threat due to which father death occurred in that case a criminal complaint against them can be filed for his death,
You should file a suit for ejectment against the people who are occupying your property illegally.
Your father's death cannot be attributed to them since there is no direct involvement in his death.
Also clarify as to what the Civil case is?
Your Aunt and her husband is not liable, Yours father death is natural death.
1) You can file one more case against them for mental harassment and continue with your father s case battle don't give up.
2) If property is registered on your father and mother's name than no body can deny to vacate them from your house.
Mother is absolute owner of property
2) she being a senior citizen can ask expedited hearing of civil case
3) civil cases take 15 years to be disposed of
4) however as mother is senior citizen she can seekexpedited hearing
If they have filed a civil suit against your mother then it becomes her duty to defend her interest.
What's the use of lodging any complaint with the police for the mental harassment?
There is no provision in law for the police to initiate any action against your father's sister and her husband.
The case is against your mother hence she may have to fight it out on her own with the help of a lawyer or she can give a power of attorney to you to conduct the case on her behalf.
