• Urgent support needed!Property rights and brother forged document

Hi Lawyers:

I need advocay for my Parents.Parents are living with my elder brother in house in Raipur ,Chattisgarh built by my father and registered under my Mothers name.So as per registry my mother is owner of the property.

First floor of the house is seems like forged and we can my brothers name in electricty meter of first floor.

He is also keeping property papers with him and refusing to share the papers so we do not know what scale of forgery is done by him.

We have requeted him to provide us the original papers of the property but he is unwilling to provide the papers and claiming he has built the house so it is his house and no one can claim right in the property.

All maintenance and house expenses and born by my Father using his pension and everyday both husband wife creating chaos in house for small small things.

We requested him to move to first floor and he is refusing to move as he is claiming it is his house why he will move.

My father has invested all hi retirement and income inclusing money he got from sale of grandfathers land and also from sale of old house built by my father.

We 2 sisters and me  as younger brother does not have any share of the property yet and seeming things are going he will never allow anyone.

By law how can we stop him.What we can do move him to first floor of house.

How can we stop daily harresement and mental tension in the house as we brother sisters living in Mumbai ,Bhopal like places and cannot go there everyday to sort issues.

I need legal advice how to stop such groon nature as he said he is willing face police and law do what every you can do.

I am hindu Rajput. My one sister lives in Germany and she is also this time with me visiting Raipur so we want to sort out this issue.

Do we need to inform police as well for Sr citizenship harassemnet and  report too.

My father is afraid of his goon nature and he is not willing to raise voice against him as he has to live with him and we are far and visiting.

He has also asked my mother to not confront my elder brother in situations when there are confrontations and arguments,  but both husband wife fighiting for small things with my mother and since both parents are not united they are taking advantage.

Need opinion we know creating WILL is important at thji point but longer term i want to stop him misbehaving and live as family member.

Please suggest a good lawyer in Raipur City that would be great help.

We are going this Diwali vacation and want to make some decision so that these issues can be sorted need advice what is best way to move ahead.

Please assist.

Best regards,

Alok
Asked 1 month ago in Property Law from Raipur, Chhattisgarh
Religion: Hindu
1) take search in sub registrar office and obtain copy of regd sale deed by which property was purchased by your mother 

2) your mother should file suit to direct son and daughter in law to vacate portion of house in their possession 

3) also seek  permanent injunction straining them from disturbing their possession of house

4) record all abuses by son and daughter in law 

5) install CCTV cameras in house 

6) your mother can also file DV case against son and dIL and seek protection order and  compensation for mental torture undergone by them 

7) she can also file police complaint against son and DIL  for continuous harassment 

Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Permanent injunction would be permanent stay 

2) DV is domestic violence 

3) DIL referred to daughter in law 

4) your mother can issue legal notice to brother to hand over original documents of house and vacate ground floor portion of house 

5) don't know any lawyer in Raipur 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1. Your father has to seek declaration of his title to the property and seek a consequential relief of permanent injunction against him to restrain the latter from alienating the property. A title search should be conducted in the office of sub-registrar to find out if a deed of title has been forged by your brother or not. It it has been forged then a suit for declaration of the said deed as illegal will have to be filed.

2. Apart from the above remedy which is before the civil court alone, your father can also file a case under DV Act to seek restraint order against his son to put an end to domestic violence meted out to him. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
By law how can we stop him.What we can do move him to first floor of house.

The property owner being your mother has to initiate process legally to have him evicted through court.





Do we need to inform police as well for Sr citizenship harassemnet and  report too

If he is arrogant and doing cruel acts and threatening them, then they can lodge a criminal complaint against him under various laws 





Need opinion we know creating WILL is important at thji point but longer term i want to stop him misbehaving and live as family member.

Your mother can transfer the property by a registered will or by executing a registered settlement deed or by executing a sale deed or by a gift deed to anyone of her choice to which your brother cannot object or threaten her. 




Please suggest a good lawyer in Raipur City that would be great help.

You can look for one from this forum too. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
What is permanent injunction? DV and DIL these seems to be legal keywords I am not aware.

Permanent injunction means a suit to be filed by your mother to restrain him from interfering into her possession and enjoyment of the property in any manner.
DV means to imitate domestic violence case against them. 




1) we want him to move in another corner of house and run his expenses separately right now he is not willing to move to first floor.
2) We want him to handover property documents to parents.
3) We want him to understand he cannot create chaos and misbehave and we are there to support parents.
4) How can we safeguard my parents safety if situation keeps escalating and worsened.

For his criminally motivated illegal acts, a solution can be sought through local police on a complaint describing all his atrocious activities against your parents.





My mother will not start any legal proceeding at this moment seems like but they want their dignity and independence in house,

Without initiating any legal action in this regard she would not get any relief nor will she able to come out of this crisis. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0

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