Injunction by widowed mother against her son

This query is : Resolved 
 

(Querist)
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


kavksatyanarayana (Expert)
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.

RAMJI (Querist)
21 April 2019

Thank you sir

N.J.S.Rajkumar alias narasimha (Expert)
21 April 2019

First obtain the Legal Heir Certificate of your deceased father

N.J.S.Rajkumar alias narasimha (Expert)
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

RAMJI (Querist)
21 April 2019

Sir, legal heir certificate is already obtained indicating name of all sons and daughters

N.J.S.Rajkumar alias narasimha (Expert)
21 April 2019

The Mother the wife of the deceased is the number one Legal Heir and if her name is not there it would be a Criminal Offence

RAMJI (Querist)
21 April 2019

Her name is there..she was applicant for heir certificate



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