Family property dispute

Kyrill@123 (Querist) 20 June 2017 This query is : Resolved
Sir
Me , my mother and brother are having a house and a shop in which we all are partners. My mother age is around 70 year. My brother is a mean and selfish type of person. For many years he has be emotionally and mentally hurting us . He keeps all the income from the shop and if we say something he say that he will commit suicide. His wife and children are also with him.
Now my mother and I have decided to go to court for partition . Is there any way by which we get justice soon as we dont have enough money to survive long.

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Dr J C Vashista (Expert) 21 June 2017
Request District judge to provide services of a lawyer through (State) legal aid, which shall be free of cost.

Kyrill@123 (Querist) 21 June 2017
Please explain procedure. What time span will it take.

P. Venu (Expert) 21 June 2017
How old are you and your brother?

Rajendra K Goyal (Expert) 21 June 2017
In whose name the property is?

Whether the person in whose name the property is alive / if not has he left any will?

Who, when, How bought the property?

Whether your father is alive?

Are you employed / what are you doing?

With whom your mother is living now?

Please state clear material facts or discuss in detail with local lawyer after showing him all related documents.

Rajendra K Goyal (Expert) 21 June 2017
You can go for amicable family settlement, which would be better way.

Kumar Doab (Expert) 21 June 2017
Reply to points raised by experts.

The lady/you may seek free legal aid and for it inquire in person, locally.

Dr J C Vashista (Expert) 22 June 2017
Personal meeting the Judge in-charge District Legal Services Authority in the court with relevant documents is the only and simple procedure.

No one can predict how much time will be taken/consumed in deciding the case, it may come to an end in a year or may take years.

Kumar Doab (Expert) 22 June 2017
The mother can claim maintenance from son(s).

If property was gifted to the son by parent, then parent can claim it back.