• Mother threatening every time to kick me out of house

My mother who is a joint owner of the property with my cousin brother is daily threatening me to kick me out of the home only to oblige my elder brother and his wife just becuase i do not pay attention to there queries and whatever they torturing me and my wife mentally. I was provided floor in my 2 floor building of which first floor given to me last year. And before that as per there attitude i was living separately with my wife from all 8 yrs in rented flat. These instances occured 3 yrs back also when i and my wife was mentally harrassed by my mother and left with no option but to leave from house in which she told me to live only for 3months as my wife gave birth to a baby so they took me to there house for care. But i left that house after harassment and gone to my rented flat. After 3 yrs of no talks and contact they again approached me and told me that we have build 2 floors from which 1 is of yours and second for other brother and told us that we will not provide any issue and problems what you had faced in past and this is yours as they have not created any will or gift deeds or anything. But again now the time has come when i already spended lacs in that home for interior designing and with all types of luxury things in my home. Again to oblige my brother they started yelling on me and everytime say we will kick you out if you not cooperate with us whatever we tell you. They only cooperate with my brother and share everything but to me they operate me as a servant and think that i should work as a servant and my wife also. Now having a child ia m completely confusing and facing mental agony that why i came in this house and spended a bold amount in this home which is completely not mine.  Even they everytime ask me to provide my floor keys to them so that in my absense for any work they can have that passgae also . Facing this problem and my wife with little child i am completely down with depression that what should i do in this case. Can anyone please help and let me know the solution to this harassment. Can a senior citizens having multiple properties abuse there sons and use them whenver they want . Sometime i think that i should suicide but having the responsibility of wife and little child i do not think so. Please help me and guide what should i do??????
Asked 1 year ago in Property Law from New Delhi, Delhi
Religion: Hindu
1) your mother and cousin brothers are co owners of the house 

2)you have no share in said house during your mother lifetime 

3) only on her demise would you as legal heir inherit her share in property with your siblings . your mother can at any time ask you to vacate the said house 

4)your best solution is to move out of the house with your wife and child 

5) stay in rented flat if necessary 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
1) you can  claim the amount spent by you for purchase of furniture and fixtures 

2) unfortunately you dont have bills to substantiate your claim 

3) you can refuse to vacate and let your mother file eviction suit against you 

4) the reason why i asked you to vacate is because of constant stress it had affected your health and you are suffering from depression 

Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
Hi, you are not a absolute owner of the property so your mother and brother has every right to ask you to vacate the property at any time.

2. Suppose if you  are not vacate the property they may go for legal options then in the court you demand for your amount spent on the interiors.

3. it is better you can vacate the place voluntarily and live separately.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hello,
1) If the house belongs to your mother and has not come down to her by inheritance from ancestral property you can not make a claim regarding any portion in the house unless it has been transferred to you by a registered deed.

2) If it becomes increasingly difficult to adjust and concede to the demands of the members to have access to your floor of the house in your absence, which of course you dislike, for the peace of your nuclear family it would be advisable to stay away.

3) Do not despair and let not the thoughts of annihilating yourself cross your mind as it will not find a solution for all your woes but will put your dependents into deeper trouble.The mere thought of them should prompt you to live for them.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hello,
1) You are at liberty to carry away whatever furniture you have purchased as no one can stop you from doing so.If your family is not willing to reimburse you for whatever you spent on the interior decoration, you can not take any legal action unfortunately.

2) Your alternate option is to disregard all the taunts and continue to stay on the floor allotted to you. Refuse access to your floor if you do not wish that.Let them carry out the threat they sounded. If they initiate any steps to evict you or forcefully attempt to throw you out take appropriate steps then including seeking assistance from the police.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hi,
Unfortunately you do not have a right in the property as it is in the joint names your mother &  cousin brother.
How did your mother got it .zif she got it from her husband how the transfer was done after his death? if so did you release your share.? Depending on this  status , right in the property also changes.
It is better not to move out of the house. Don't agree for a compromise, if you do have the possession they will not evict you forcefully. .If they wish let them go to court which is very unlikely that they spend money to do that. Resist to their advantages and pay no heed to their threat of vacating you.. after your mother's death if she is not making any testamentary document or gift now  you will get a share as per the legal heir's right

Since the property is not in your name and as long as  your mother is alive no right of shares. If she writes away her shares to brother you will lose of it all..
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. Your mother can evict you from the house if she is one of the joint owners, but she can do so only on court orders. Unless she is armed with a court order in her favour you can continue to reside in the house.

2. Having multiple properties does not operate as a bar to the initiation of eviction proceedings in respect of one of those properties by her.

3. The furniture and other items which have been purchased by you can be removed by you in the event that you are evicted.
Ashish Davessar
Advocate, Jaipur
18151 Answers
448 Consultations
5.0 on 5.0
1. The property belongs to your mother and your cousin,

2. You are not the owner of the property where you are staying and you can be evicted also by the owner of the property,

3. You have spend money on interrior decoration of the rooms where you are staying of your own which you can not claim from them,

4. Quit the house ans start living seperately and try to buy a falt of your own.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1. You can take away the moveable items you have purchsed for your use,

2. You have spent money on interrior of your floor of your own without being asked by the owners of the house,

3. You are not paying any rent also for the are you are occupying,

4. So, you can not claim the said amount which you have spent on the interrior decoration of the floor where you stayed. 
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
The furniture/fittings and other movable items may be shifted by you to the newly taken rented house as you move into it.  The other interior decorations which cannot be removed may be left there itself so that let somebody be benefited by it because even you remove them it is not going be of any use to you. 
You cannot continue to remain in a situation which always appears to be hostile though the surroundings may be looking conducive.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
1. You have to prove that you are not a mere licensee otherwise you may be evicted. 

2. Collect some evidence regarding living in that flat, expense of money in this flat and some evidence that you have been called for living with a right.  

3. thereafter you should file application for permanent injunction and get stay order from the court to stay in the flat till the decision of the suit. 

4. If this flat is constructed by your father and no WILL was executed then you have right to stay and get partition on the ground that you are the member or caparcener of the family. 

5. Mother has no absolute right in the husband's property,  so your mother has no right to evict or prevent to enforce your right. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1.If harassment persist then you can file complaint under section 323/504/506/456 IPC and and your wife may also file complaint that her mother in law committed domestic violence on her. 

2. Do't leave the house this time. Don't claim return of money that you have spent. 

3. You must show your right in the property.  
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0

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