• My mom is being harassed by her son to transfer her home

Hi,
My mom is 63yrs old and is being harassed by her son to transfer her home on his name, my brother lives with his wife in my moms home and is now asking her to transfer her flat on his name. Since my mom refused, my brother is harassing my mom mentally, he locks the home when she goes out to buy vegetables and does not let her in. My mom also went to police to help her and asked police to make my brother vacate her flat, but police is not helping, they are saying they cannot make her son vacate her flat. So, since my mom went police for help, my brother asked his wife to file harassment case on my mom, so she can leave the home. Please suggest what legal action we can take in this situation.

Thank you,
Simran
Asked 5 months ago in Family Law from United States
Religion: Hindu
1)your mother can move court and seek order to direct her son and daughter in law to vacate portion of house in their possession .

2) also seek permanent order and injunction restraining them form disturbing their peaceful possession of house

3) your mother can also file DV case against her son and daughter in law and seek a protection order , 

4) she can alsos eek maintenance from her her son 

Ajay Sethi
Advocate, Mumbai
23210 Answers
1218 Consultations
5.0 on 5.0
Dear Concerned Please ask your mom to follow the below at the earliest :- with the help of a local lawyer 

a. File a complaint of domestic violence against her son and his wife 
b. As the house is on her name , no law can evict her from the house..... She should file an eviction suit against his son and wife and be assured that in the present circumstances as mentioned above she would certainly get relief from the court.
c. She should also file a criminal / police complaint against the Son and wife for being threatened for life and should mention that if anything goes wrong with her her son and his wife should be held responsible. Give the application to the concerned SHO , SSP, SDM and DM 

Best of Luck - Take Care.
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
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This is really unfortunate that your mom at this age has to suffer such travails even at the hands of her own son.
Your mother at once lodge complaint with local Police.
She ca file case before Senior Citizen Tribunal as well.
If the Police does not heed to her complain then file writ petition in high court agaisnt police inaction.
So options are there only if she acts.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
1. Ask your mother to send a police complaint by post under copy to the local DC/SP,

2. If the police dies not act, she should file a Writ Petition against police for its inaction and also making her son a party alleging that he is forcing her to transfer her property to him and also is not spending any amount for her maintenance,

3. The High Court will interfere and ask your brother to either leave the house or stay there duly paying some amount to his mother every month. Police also will be asked to act as per the complaint lodged,

4. Such types of cases appear regularly in High Courts of India wherein the torturing sons are restrained and  made aware of their duties.

Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
You have mentioned that your mom is being harassed by her son to transfer her property to him.
If he is son then what are you to your mother?
Have you not spoken to your brother about his unjustified and unlawful activity?
Your mother can file a suit for ejection against her son along with an application seeking injunction restraining her son and his wife to not interfere in her possession and enjoyment of the property till the disposal of main suit as an interim   relief.
The police will be of no help because they generally do not interfere in the matters of civil nature.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
1) mother should file complaint of cheating , criminal breach of trust , forgery against her son if he forged her signature to with draw money from her current account 

2)mother should also file suit for eviction of son and DIl from flat 

3) shew can also file DV case against son and DIL 

4) you cannot file any case against brother from USA
Ajay Sethi
Advocate, Mumbai
23210 Answers
1218 Consultations
5.0 on 5.0
The only solution to this that yo have to approach court with an ejection suit.

If he is threatening this way, a complaint with the local police about his threats has to be lodged along with criminal intimidation complaint.

No doubt a civil suit will run for years, but if you keep wasting your time thinking about it you will not even have started the legal process to get relief.

You cannot file a case n behalf of your mother.

A case cannot be filed from some other place which shall be out of jurisdiction.

If she has approached the authorities without following proper procedure or under nobody's guidance, then she may not get the desired relief as well. 

If you have to get the work done seeking relief, then you may have to engage the services of a good and skilled advocate through whom you can coordinate things from uS.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
Your mother as the owner of the flat should file a suit for eviction against her son in the civil court. Police has no authority of law to evict her son without court orders.However, as the disposal of the suit is likely to take time in the court she should also file a DV case to seek right to protection from further acts of domestic violence in her home.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
You cannot file the case for and on behalf of your mother unless she executes a General Power of Attorney in your favour.
Ashish Davessar
Advocate, Jaipur
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448 Consultations
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1. Your mother shall have to first lodge a police complaint against your brother as suggested in my earlier post,

2. After that, as suggested in my earlier post, she shall have to file a Writ Petition before the High court against Police for its inaction making her son also a party therein seeking relief and justice.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1) mother can execute gift deed in your favour

2) gift deed should be duly stamped and regsitered

3) for eviction of your brother from flat you would need to file suit for eviction . 

4) police wont help you in evicting your brother without court orders 

5) your brother may move court to set aside gift deed execute by mother on grounds of undue influence 
Ajay Sethi
Advocate, Mumbai
23210 Answers
1218 Consultations
5.0 on 5.0
Yes your mother, if she having marketable title on her name, she can very well execute a registered gift in your favor subsequent to which you can take possession as per law by first getting the revenue records transferred on your name and all other services can be transferred on your name subsequently.
Once they have been done, you may issue a notice and followed by a civil suit for ejection. 
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
1. Your mother can certainly register a gift deed in your favour but that will not change the situation at all,

2. Even after being the owner of the said house you can not evict your brother without due process of law and eviction with due process of law means by getting him evicted with the help of police against specific court order,

3. Police will not interfere in to civil matter and had police been so empowered to forcibly evict your brother, it would have done so now also against the complaint lodged by your mother,

4.The best way available before you is by getting a police complaint lodged by your mother and filing Writ Petition before the High court seeking its intervention as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Your mother is free to execute a gift deed in respect of her property in favour of anyone. The gift deed will have to be registered and stamp duty will have to be paid. Thereafter, you will step in the shoes of your mother and can file a suit for eviction against  your brother. I repeat, your remedy is only before the civil court as police cannot throw your brother out without a court order.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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