Harassment of senior citizen
Wakle
(Querist) 23 December 2018
This query is : Resolved
Hi.My mother is senior citizen.my father and elder brother are died. My mother and me live in home which is in the name of my died father. died elder brother's wife live in the same home on first floor.she and her relative harrased to my mother everyday, file false complain in police st. How to take protection from them.?how to remove them from home for live peacefully?
Kumar Doab
(Expert) 23 December 2018
In other threads initiated by you, you have posted that you are all Hindu and IT is illustrated that who are ClassI legal heirs.
Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).
In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed the 1st right is of ClassI legal heirs i.e Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters……
The share of brother ( pre-deceased or deceased after death of father that was title holder as in query) devolves upon his ClassI legal heirs.
His wife being legal heir of her husband can stay in the house.
However she or anyone cannot harass trouble, coerce, threaten, and abuse a senior citizen that is her mother in law (your mother as in query).
Gather irrefutable evidences (audio/visual/minuted/witnessed) and try to involve elders of the family/well wishers, neutral persons, society office bearers, LOCAL councilor etc etc and try to mediate and problem may resolve and/or lodge complaint under proper acknowledgment, with police, Sr. Citizen cell of LOCAL police.
Vijay Raj Mahajan
(Expert) 24 December 2018
The house was the self acquired property of your father and after his death his widow and all his children are legal owners by virtue of inheritance. The deceased elder brother or elder son of the deceased father left his widow to inherit his share in the property.
In these circumstances you cannot throw the widow of the deceased elder brother from the house.
You have to give her share that her husband would have got in the property and that is 1/3 of the whole of the property.
As far her misbehaving with your mother is concerned that is act of domestic violence committed by a woman against another woman living in domestic relations for which your mother can file complaint under PWDV Act for domestic violence against her in the court and seek protection order against her for not indulging in the acts of domestic violence.
Dr J C Vashista
(Expert) 25 December 2018
Consult and engage a local lawyer for filing a complaint on behalf of your mother under the provisions of Section 12 of the Protection of Woman from Domestic Violence Act, 2005.
Dr J C Vashista
(Expert) 25 December 2018
Consult and engage a local lawyer for filing a complaint on behalf of your mother under the provisions of Section 12 of the Protection of Woman from Domestic Violence Act, 2005.
Besides this, you (both) may file a suit for partition.
Guest
(Expert) 25 December 2018
In addition to the advise of Learned Experts/Advocates The Senior Citizen Act also would serve your purpose.
Wakle
(Querist) 25 December 2018
The to all.
Wakle
(Querist) 25 December 2018
The to all.
Guest
(Expert) 25 December 2018
Welcome Please...........................................
Kumar Doab
(Expert) 25 December 2018
You have posted many queries on many matters.
If you are unable to resolve on your own; You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Succession/civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; Family/Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Succession/civil matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Instead of daily altercation you can partition the property by boundaries and register the deed.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
Kumar Doab
(Expert) 25 December 2018
From ‘The to all’ posted by you probably you mean ‘Thanks to all’
Best wishes.
