14 April 2019
My grand pa had some site plots and old house on his name, after his expiry, his three sons enjoyed in common undivided. off late in 1993, the two sons transferred their 2/3 undivided share to my father (who had 1/3) for an amount through a release deed registered. It is stated there that the amount was from earnings of my father ...just after this, my father modified & constructed some portion newly using savings of my mother and himself...We are three sons & three daughters to them...all are married & settled at various places...in 2003, father expired intestate...we have not partitioned yet and not changed titile too...because my widowed mother (aged) is living there under our care...unfrotunate is that o my younger bro has been giving troubles to our mother and threatended her in our absence as he is living in same village..mother is totally dissatisfied with his activities viz., illegal marriage with other caste /bad habits and torturing aged mom for money & to partition this said property now itself...for time being , mother has locked the house and temporarily staying in elder bros home.. my queries are 1. As it is a self acquired ppty of our father, constructed with the money of both father & mother and none of the children including me shared any expenses for construction as we were minors those days...is it possible for the mother to file for "interim injunction" against her said trouble making youngest son?.. if so, is it to be filed at sub court or district civil court or high court...value of the ppty as per govt rate is Rs.10 L. 2. in what way mother can legally keep away the troubling son from her premises recently i read that honble supreme court ruled that son has no rights/claim in self acquired ppty of parents...he can only stay with them if they allow...if they object son has to vacate the house. your response will be useful to plan suitably.. thanks ramji
20 April 2019
Dear queriest, though your mother savings were also used for construction of building, the actual owner of the property is your father who died intestate. so all your siblings and your mother have equal rights over the property. so it is better to think regarding division of the property. why court injunction? Waste of time and money.
21 April 2019
As you had mentioned clearly " Widow Mother ( aged ) " she is an Senior Citizen and any sort of harrassment to her would be an Criminal offence as per Senior Citizens Act. Even neglecting to take care of her would be an offence