• 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 3 years ago in Property Law from New Delhi, Delhi
Kindly give details as to whether the title of the property is in your mother's name.? How she has acquired this property ?
H. S. Thukral
Advocate, New Delhi
520 Answers
125 Consultations
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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)
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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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
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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