We are three brothers and the property is in my mothers name now my mother has gifted me through registered gift the 2nd floor with roof but not constructed as I have made the entire building and repaid the loan amount too. Now my middle brother is creating problem and not allowing me to do anything in that place even he and his wife has tortured mentally my mother a lot and police do not take any action because he gets local political (Councilor) support from back end. They even filed infact his wife a case of 498A against me and my mother and have taken bail which has been 6 months old now. Recently my brother with local councilor have approached my mother that if you give him his deisred share he will not do any problem its better to given him and we executed a mutual agreement between mother and middle son which they signed but few things which he agreed verbally later he is denying to comply with it. Now under such circumstance the below question striking in my mind. 1. How strong is 498A filed against me by my brother wife as generally wife filed case against husband ?? what should I do infact remedial ? 2. My mother gifted me 2nd floor with roof through registrered gift deed as he is not allowing me to construct what should I do so that i can start immediately construction without any threats/barriers from my brother ? 3. As my mother has executed infact signed the mutual agreement with my brother just couple of days before and now things are not being done. Do my brother carries any right or does he can do anything with the mutual agreement signed by my mother with witness. let me know the pros and cons if any ?
Apply fir and obtain Anticipatory bail from sessions court
2) apply for permission from
mun corporation to carry on construction
3) if brother obstructs obtain court orders to permit you to carry on construction
4) mutual agreement is binding on parties
1. Since it is a false case, you can challenge the same in the trial proceedings properly and get it dismissed.
2. You file a suit for injunction against him to restrain him from interfering or disturbing your construction activities.
3. The unregistered document in the name of mutual agreement is not enforceable in law, hence your mother can terminate the agreement as null and void for the reasons that he did not abide by the conditions.
File an injection suit for restraining your brother from creating any sort of obstruction in the construction activities.
For 498A case you do not need to do anything. Deny all allegations in court.
Your brother`s right depends on terms of mutual agreement. Furnish the terms of the agreement and details of parties therein for further comments.
1. Take anticipatory bail first and contest the case. If it has merits go for quashing
2. Yes you can
3. no. legally he can't
Dear Client,
If the report under 498 is fake and you can prove it in the court with the help of evidence and witnesses the charges will be dropped. Under 498 he family members of the husband can also be held liable. If the agreement was signed by your mother due to coercion and false promises and the same can be proved then agreement is voidable.
If I file an injection suit against my brother and his wife for not allowing me to do construction, How much time it will take for verdict approx. infact how long case would run ?? would also like to know the process in few steps ? He is also not allowing my mother to let out her property on a rent or do any civil work at home ?? Advice in this regard?
1. You can file a suit for permanent injunction against your brother and his wife to restrain them from obstructing your proposed construction work and from any other activity that would hamper your peaceful possession and enjoyment of the property.
The time taken for the disposal of the suit cannot be predicted owing to various factors involved in it, in any case it may take more than two years to get disposed.
You can consult a local advocate and get to know about more details and the steps to be taken in this regard.
2. She also has to file a suit for injunction against them to restrain them from interfering in her possession and enjoyment of the property.
- As per Section 122 of the Transfer of Property Act, Gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration, by one person called the donor, to another person called the donee, and accepted by or on behalf of the donee.
- Hence, for a Gift deed, Acceptance is mandatory by the donee , and such acceptance must be made during the lifetime of the donor , and if the donee dies before acceptance, the gift becomes invalid.
- Further, after the acceptance by the donee , gift deed cannot be cancelled unless it is a conditional gift.
- Since, your mother already registered the gift deed in your favor for the said property , then legally it cannot be cancelled even by her , and further your brother is not having any right over the same.
- Further, if your mother is being harassed due to the said transfer in your favor , then your mother can file a compliant under the provision of DV Act against her daughter-in-law and the said son for harassment.
1. 498A case can be filed against all the family members including husband , and if husband is not an accused therein then this FIR can be cancelled after filing a petition before the High curt.
- However, take anticipatory bail
2. She can lodge a compliant against her daughter-in-law for taking the signed on that agreement forcibly for taking share in the property illegally and to withdraw her compliant.
You can contact me , if further suggestions needed.
Suit may take years to be disposed of
interim reliefs you can get in a month
you and mother don’t need brother approval for carrying on construction
It might take a few months or even a year.
It may take to 3 months or more depending on the assignment or burden of judge
Can my mother under such circumstance file a suit under senior citizen act against brother to leave the house or throw him out of the house as he an abusive son , not taking care of mother financially and physically both.? If can filed then how much time will take for discposed. ?
She can give a complaint to the senior citizens welfare tribunal mentioning all such harassment however for civil disputes she can approach a civil court for relief.
Mother can file case before senior citizen tribunal and seek orders to direct him to vacate portion of house in his possession
it may take 3 months or so
Yes she can file the same before complent authority
- Yes, she can file a complaint before the Senior Citizens Cell for eviting him from her house
- Further , as per Supreme Court , the parents having his right to evict son , if he is abusive and not taking care of them.
- Further, she can also file a suit for Mandatory injunction before the court for evicting him from her house.
- Senior citizen compliant will take short time.
1. The 498a complaint against you and your mother without making her husband a party will fall flat if contested fittingly.
2. Lodge a police complaint and thereafter file a Writ Petition before the High Court against police inaction. Your mother also can lodge a police complaint against him and file similar W.P. before the Calcutta High Court complaining about police inaction.
3. Let your mother lodge a police complaint alleging that she has been coerced to sign an agreement by your said brother against her wishes. This police complaint will protect her in the long run against the claims of her said son.
1. You shall first have to file a declaratory suit praying for a declaration that you are the title holder of the 2nd floor and have the right to make construction thereon. Thereafter you shall have to lodge a police complaint against your said brother.
2. Simultaneously, you shall have to file a petition u/o 39 r 1 & 2 before the same Judge praying for an Injunction Order restraining your said brother to enter in to the said premises till the suit is disposed of. It will be ordered on the same day of its hearing.
3. Engage an experienced lawyer to handle this matter.
1. Your mother can lodge a police complaint against her said son for torturing her and for not leaving her house despite her request.
2. Thereafter she can file a Writ Petition before the Calcutta High Court praying for directing her said son vacate her house.