1. She may get right –to-residence in your brother’s title property provided she prime – facie is able to show in those 5 days of her living in her matrimonial home domestic violence took place and this she has a statutory rights.
2. Her being CA has nothing to do in her right-to-residence claims.
3. Re.: Batra is not useful for this brief as peddled by few repliers here. It is on different footings. Suggested to understand case citations properly before mentioning them.
4. Short stay or years of stay arguments are rejected as RTR is in-built statutory rights under the DV Act given to a aggrieved Wife.
5. Your brother may offer alternate residence or rent in lieu of her right-to-residence claims provided before institution of the ref. complaint case he is shown to have been living in a rented property or may have transferred title of questioned property in any other party name or as alternate remedy.
A tricky situation your brother has fallen in, outcome depends upon how the prime – facie PO via sound arguments are now handled.