Kindly give details as to whether the title of the property is in your mother's name.? How she has acquired this property ?
Property issue
Hello sir Me new delhi me rehta hun humara apna makan hai jo mother k naam per hai lekin mera bada bhai (married) hai wo meri mother se roz ladai karta hai proerty me hisse ko lekar or jabarsti hissa lene ki baat karta hai...Kya wo legal way me mother se hissa le skta hai? Hamara makan 4 floor ka hai or bada bhai 2nd floor per rehta hai kya wo legally mother ko monthly rent de satka hai? Meri Mother k paas kya kya rights ho sakte? Please help me sir..I will very thankfull to you if you help me......
Asked 10 years ago in Property Law
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4 Answers
you have said mother is absolute owner of property . (makan mataji ke naam par hai)
if your mother is absolute owner of self acquired property your brother cannot ask your mother for share in property. (woh hissa nahi mang sakhta agar woh aapke mataji ke khudh ka ghar hai)
dont take any money by cheque from brother as rentals (kuch bhi paisa cheque se nahi lena kiraya samajh kar )
he is bound to maintain his mother . she can take some cash payment from him (beta ko maa baap ko maintain karna chaiye . kharcha ke liye cash me paisa lo)
Thanks for awnser sir but my mother dont want to keep them in her house..so what can we do legal process against them? Does my mother lock the entire gates of building like ( rooms, kitchen, bathroom, and roof also? Suggest me what can I take legal action against them? Should I go to the police (Head Quarter) ITO Delhi.
Asked 10 years ago
Yes she is absolute owner since 1998 with power attorney.
Asked 10 years ago
she can call upon her son to vacate the house . if he refuses to do so she can file cicil suit seeking mandatory injunction restraining her son from occuping the house as she is absolute owner and he is a mere licensee . contact a local lawyer
If this property is in the name of your mother then she is its master having all the rights therein. She can disinherit her elder son from the property at any time by making a will. In order to stop her son from entering her house without her prior permission she may file a law suit for seeking a mandatory direction to him to desist from doing so as the ownership rights are with her and her alone. If he violates the court order then he can be jailed for contempt of court.
