We are three siblings ; I live in Mumbai; elder brother and his family lives with my mother in our guwahati ; sister stays on her own in the same city. Our father passed away last year due to health issues. My father owned few properties across the city and elsewhere and did not have a written will made. Recently I initiated the transfer of the properties' title to my mother's name; it is in process as I write in this forum. The rental income from the properties that my father owned was good enough to feed the entire family ; in fact my brother and his family has been largely living on the money that my father and now my mother has been giving them. My brother and his wife have been somewhat abusive in their behaviour towards my parents for the last 5-7 years primarily because they wanted more from my father's income and also they felt that the other two children were more favoured. However, the opposite was true ; while my brother and his family survived on my father's income, I was independently working in cities outside guwahati for the last 10 years. It has always been with my income that I had given the best to my parents be it holidays, health, renovation of guwahati house etc. Immediately after the death of my father, my brother and his wife have become very abusive in their behaviour against my mother, myself and my sister. They would not like we coming to our mothers house. My mother comes to stay over with me in delhi whenever she can, however, the looking after the properties keeps her occupied and hence she finds lesser time to go elsewhere. I often go visit her; seeing her plight make me cry. She has lost weight, has developed anxiety and depression due to the constant abuses of my brother and his wife. They want her to leave the house; I do not want that to happen as the house has been built by my father and it should be with my mother as long as she wants. She feels helpless many a times ; being dominated by younger lot; how much can she fight back ?
I have gone through the maintenance and welfare of parents ..... 2007; it talks of maintenance ; my mother is not looking at maintenance ; she has money and I can take care of her too ;she needs to stay back in her house and make the abusers move out. Will this act help ? If not can the DV act be used too ? Can they put a counter case against my mother ? I do not want her to go through this ? She is 59 years old. Please help
Throw out abusive brother and his wife from the Gouhati house or apply for permanent injunction in a civil court restraining them from entering the house in question.. if he makes amends in his abusive behaviour then you can allow him into the house in question.
I am not a lawyer.But I know on 28 Feb 17 ,theDelhi high court has given ruling that stay of children in senior citizens houses are allowed as long as parents permit. Other wise parents should go to DC &complaint &get eviction with out court process .plus check with lawyers and DC.
On the demise of the father, all the properties have devolved upon the mother and children; so has the income therefrom. The obvious solution is to workout a family settlementand and give the brother what is his due. If no amicable settlement a suit for partition needs to be filed.
My brother already gets a share of the income from my father's property plus his, his wife's and his children's expenses are taken care of by my mother as they live in the same house. I did forsee the eventuality that my mother might be asked to move out of her own house once the property gets transferred in all of us's name thats the reason I had initiated the transfer of all the properties to my mother's name. My mother has absolutely no issues in giving my brother a share of the property in the will she will be making on the properties that my father left behind. However, my brother wants to ratain our family house and wants my mother to move out, which i just cant let happen.
Your brother and/or his family cannot (must not) be fed by your mother out of rental income of the properties and he (your brother) with his wife and children can not compel her (your mother) for any money, which is other-way-round where in your brother alongwith all other brother(s) and sister(s) are socially, morally and legally liable to maintain her (your mother).
Your query is multi-faced involving number of other questions, which require to be consulted through a local lawyer.
Thank you Sir for the advice. Can you also tell me if i can engage a lawyer and do the necessary filing in a different city other than Guwahati ? As I have to initiate the legal process with te consent of my mother, filing the suit/case in my current city will help me save time and effort.