madhurima samanta (na) 25 April 2012

Father son problem

Dear Sir,Madam

My father (72 years )is currently living wth his son and his daughter in law who are troubling him and my mother a lot in our house.The property in whole is in the name of my father who is the head of the family.Unfortunately the family side of my sister in law is also involved in the dispute and are pressuring my father who is old and sick to write off the whole property in the name of my brother.However, my father is unwilling to part with the property and is refusing to give any portion of the property to my brother.They are alo threatning my father and mother with dire consequences.My father have also reached the local polics station and has filed a diary .The police officials have asked them to repot the case to 2 other nearest police staition including them.

My question is 1)Can they take whole of the property forcibly from my father.?

2)my father has already asked them to leave the house but they are not moving out of the house at all .So what can be done to evict them of the house.can it be done legally like with the help of the local police?

3)and also what are the steps that can be taken without taking the matter to the court?

Please kindly advice.

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4 Replies

MohammedRaffiq Bijapur (Advocate) 25 April 2012

Hello Madhurima .

Ok as regards ur query, first make it clear whether the property is ur father's self aquired property or ancestral property.So that the right of ur bother will be decided.

Secondly ur brother cannot take whole of the property forcibly from ur father even though he has any sought of title, right or interest.

Next as regards protection is concern yes under new act the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ur father is entitled for protection from ur brother.

Matter can be amicably settled by intervention of elders

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Anish Thakur 7018812737 (advocate) 26 April 2012

dear ,if the property is ancessotral one then no one can stop your brother from taking his share but your father self aquired property during his life span ,can deny to your brother. and same the case is with your home.if the home is ancessotral your brother has his share in that house .

but the important thing is that under the new provisions inserted in succession amendement act 2005 daughters are also equal share holder in the coparcenery /ancessotral property and even in the domestic home.

you can do following thing -

you can demand partion and consult your father for it .

you can demand lively rooms in that house but you cant demand partion or sale of the house till your brother or father dnt want .but your share will remain fixed and you will get it anytime when your father or brother do partion or sale that house.

your father can also file complaint under senior citizen act 2007 and can force your brother i mean her son for partion as the head of the family and to ask them separate after giving him his share from the anssestoral property.

anish thakur

hc shimla

9459321520

madhurima samanta (na) 26 April 2012

Dear Sir/Madam,

Thanks for ur reply to my query.

madhurima samanta (na) 28 April 2012

Dear Sir,

Many thanks for solving our 1st problem.However there are some more doubts regardibg this matter that i need u to help me with.

I may have told u that my father has asked my brother to leave the house in 1 mnth.bt he is not taking any initiative to move out of the house.Not only that yesterday his in laws had come and has misbehaved with my parents along with their daughter who is presently staying in our house.I want to know that after filing the police report to our loacal police,do u think the police will intervene and can help my father in evicting his son from our house?if yes then to what extent a police can interfere?and also that the police are saying thet they will make an enquery to the report.What kind of enquery do u think they will make?

if my parents files a case in the law of court asking the court to move his son out of the house within 24 hrs,can a court order my brother to leave the house within that time span?i have heard that if my brother files a case against his father ,the case can go on for years. and

my parents had gifted their daughter in law some jewellery as a gift at the time of marriage.can my father claim back the jewellery from his daughter in law?

Please kindly advice.