1) your mother should file application before senior citizen tribunal seek orders to direct son and daughter in law to vacate portion of house in their possession
My mother is the owner of the property built by her from her own earnings, she got the property(land/old house) from her father as per the registered will made by my grandfather. My mom built 2 house in the same building in 2nd and 3rd floor, ground floor and 1st floor being commercial priorities rented by my mom. Now my brother who is staying in the same building in 2nd floor forcing and indirectly torturing her to give share on rent and to transfer the property to his name soon. My mom stays in 3rd floor of the same building with my father, my brother use to abuse my parents every day. He came along with some goons to threaten her to get the property transferred sooner. There is a police complaint made on him about an year back regarding this on my brother and his wife's relative. Police just warned them and they try to stay away calling it a family issue. But the problem still persists, he still abuses my parents and try to torture them mentally as much as possible. So my mom now want to evict him and his wife from the house in 2nd floor. Can you help me with all the possible options that she has got to move ahead with this. I am an NRI and I am away from my parents from past 4 years now.
1) your mother should file application before senior citizen tribunal seek orders to direct son and daughter in law to vacate portion of house in their possession
My mother is 58 and she do not come under the category of senior citizens, does this answer still holds good?
She can approach court under senior citizens Act to get him evicted from the house. She can also file eviction suit against him and get him evicted from the said house.
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It is settled law that after attaining majority the son can live in the house at the Will of his mother. To avoid harassment and mental peace, the mother can filexa suit for permanent and mandatory injunction directing him to vacate the house and restrained him from entering the house in future.
Dear Querist
Immediately file a civil suit for eviction against your brother and his family i.e., the wife and child before the civil court of the area where the property is situated and also file an interim application under Order XXXIX Rule 1 & 2 of Civil Procedure Code-1908 read with section 151 of CPC for a temporary injunction so that he could not create any third party interest in the property in question.
Apart from this, your mother may file a criminal complaint under section 190/200 of CR.P.C. against him before the magistrate of the area for abusing and threatening.
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Your mother can send a legal notice to your brother instructing him to vacate the premises since it belongs to her, if they do not comply with the notice instructions, she can file a suit for ejectment to eject them from the proeprty.
If she is a senior citizen, she can approach the senior citizen's welfare tribunal for relief and remedy.
If the police is inactive over her complaint she can approach the higher police officer seeking his intervention or she can file a petition before the jurisdictional judicial magistrate court seeking direction tot eh cornered police officer or take proper legal action on her complaint.
You may consult an advocate in the local and proceed as suggested.