I have one property/domestic abuse case (Delhi, Tiz Hazari Court) for which details are as follows -
1. Our family have one multi floor house build by my late father and he willed different floors to different members of the family including his wife, sons & grandsons. The will was constructed in 2003 and recently he passed away 2 yrs. ago (2017). Also, my father's will say no one can sell anything until year 2030.
2. My younger brother who lives abroad US (has one floor willed to him) has tried to sell via different ways but is unable to. Since he is not able to sell the floor, he is constantly manipulating my mother who lives with me in Delhi (my father will have she and me as combined owner of the ground floor). My brother since the death of my father has been brainwashing and inciting my mother to pick fight with me and my family. He tells her to sell the home and then come live with him abroad. Over the last 2 years every day/week he will phone/call my mother and incite her to pick fights every now and then.
4. Now, he has constructed case of domestic abuse/harassment against me and my family mentioning my mother as complaint. My brother and mother both say since she is Senior citizen and widow, court will always be on her side.
5. My brother and now mother have ultimate goal to sell the home and claim everything, they have constructed the case of domestic abuse/harassment and now asking complete ownership of the home (and my father will to be disbarred) so that he can sell the house and get everything from my mother.
6. My mother already had 3 MIG flats and brother have sold all of them and took money abroad and invested in multiple business in Delhi/Gurgoan (can’t prove though). My brother has also willed himself as the sole owner of all the FD’s that my father left for my mother for her old age expenses etc. (The amount of these FD’s are approx. 80 lakhs -1 crore). And now he has sole right after my mothers death.
8. His now last attempt is to sell the house and get everything from that as well and since the father’s will mentions that house can’t be sold before 2030 so he has made domestic violence case against senior citizen and women’s protection (my mother) by constructing false stories etc. He wants my mother to be the sole owner of the house so that ultimately, he gets through my mother’s will.
I consulted with 1-2 lawyers and they said court is always be on senior citizen side and she will cry crocodile tears and judge will be with her side instantaneously. We haven’t done any violence or physical abuse against her, there have been couple of verbal abuses which was incited by my brother against me. We have been having constant good behavior with my mother, daily breakfast/dinners together as well etc.
Is there any possibility of me winning this case against my mother?
Will the court disbar my father’s original will and my mother will get the sole right to will to my brother?
Can this be challenged in high court ?
Asked 8 months ago in Property Law from United States