Partition of property

Bhawana (Querist) 26 August 2013 This query is : Resolved
Mrs. X is a 63 year old widow. Her husband passed away 1.5yrs back. She has a joint property (DDA Flat) with her husband. Mrs. X is a housewife.

SHe has 2 children 1 son and 1 daughter. Both are married and settled. The son and his wife were staying with the parents.

Now after the death of Mrs. X's husband the son is mentally harassing the mother, abusing and threatening her and due to which Mrs. X had to leave the house about 8-9months back. She is staying with her daughter.

My queries are :
1. what is the legal share of Mrs. X, son and daughter ?

2. what are the various legal recourse
Mrs. X can take to get her own house back ?

3. Can she get the son to evict/vacate the house?

Thanks

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V R SHROFF (Expert) 26 August 2013
Mother [ Mrs. X is a 63 year old widow] can file DV and get mtn, evict son , get residence order.
Legal share is in Equal from h+ her own 1/2.

So 4/6th of mother 1/6 son , 1/6 d

Bhawana (Querist) 26 August 2013
Thank you Sir for your help. Should Mrs. X contact the Police to help her. How can she get the residence orders?

V R SHROFF (Expert) 26 August 2013
Protection officer/ Police/ Direct dv court case/

Direct is FAST AND Court will order within few days. Negligible expenses.
No court fees for women, Free Legal Aid avl in case one need,
But Pvt Lawyer preferred.

Rajendra K Goyal (Expert) 26 August 2013
Better engage the services of a local lawyer and file cases of maintenance, dv, and for eviction. Well advised by the expert V R Shroff ji.

Guest (Expert) 27 August 2013
Agree with Shri Shroff.

Bhawana (Querist) 27 August 2013
Thank you all. My other concern is that the daughter -in -law will try and put some allegation either on Mrs. X or the daughter & her husband. She had even threatened for the same. Is there some protection for that.

Infact there were steps taken to ensure that all leave in peace and happily. Mrs. X has 2 houses and she has offered to give the other house to the son to stay.

Raj Kumar Makkad (Expert) 27 August 2013
If Mrs. X is ready to part with her one house for her son then the matter can definitely be amicably settled by way of a registered settlement deed before the registrar and thus the anticipated danger can be got avoidd.

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