Property dispute
Ritu Goyal
(Querist) 20 January 2014
This query is : Resolved
Hello Sir,
Need help for my Mother who is widow.
My family Background. My Father was the eldest amongst all the 3 brothers and 1 sister. My Father died in year 2006. My Grandfather died in year 2010 without any will and the property in which my mother is staying currently was taken by my grandmother. Now my youngest uncle and grandmother is forcing my mother and my younger sister to vacate the house, doing domestic violence, abusing them and beating them to vacate the property. They have no other place to live in.
Please help me and let me know what can be done so that i can help my mother. I am married. Also they have filed the case against the 2nd brother who is next to my father and whole of his family for falsely trying to hurt them because they want that the property should be vacated by my mother and sister (unmarried) and Uncle's family.
Please advise me. Its urgent.
Thanks
ajay sethi
(Expert) 20 January 2014
i presume it was your grand father self acquired property . on his death his wife and children would be legal heirs . since your father died his share would be inherited by your mother and her children . your mother cannot be forced to vacate the house wherein she is currently residing .
contact a local lawyer and file suit for partition and injunction restraining grand mother from evicting your mother and children from the house .
Ritu Goyal
(Querist) 20 January 2014
Property was built by my grandfather. so what we should do so that my mother and sister is not forced to vacate the property.
Please if you know any good lawyer in Ghaziabad for these matters please help us and give us the contact details so that we can contact him.
ajay sethi
(Expert) 20 January 2014
nadeem Qureshi of LCI i belive is from ghaziabad . contact him .
Vidhi Joshi
(Expert) 20 January 2014
agree with sethji, in addition to the same you can even ask your sister and mother to file complaint under Domestic Violence Act if the matter goes to that extend as they are already harnessing your family.
Rajendra K Goyal
(Expert) 20 January 2014
Whether the property is in the name of your Grand father or Grand mother ?
However, your Grandmother can not adopt illegal way to get the property vacated even if she is the owner of the property.
Complaint of domestic violence should be filed.
If the property is in the name of your Grand Father, your mother and sister along with other LH have right on it and should file case for partition.
You can engage some lawyer, from the reference of your known person or as suggested above.
SACHIN AGARWAL
(Expert) 21 January 2014
You can file a partition suit or may file a injunction suit.
The act of your grand mother and uncle are illegal and those can be restrained by the Court on filing a petition.
