restricting person from leaving the house

audiologist and speech pathologist

my grandmother lives with my father at my late grandfathers house( which has been mutated and declared in his will ,that the house would go to my father) .My fathers brother lives in a separate house( built on a separate piece of land as indicated by my grandfather in his will).my grandmother aged 80 years and she is a pensioneer.


off late,my grandmother at the insistence of her younger son went to police station to register complaint on the fact that my father was refusing to hand over the furniture's that belonged to my grandmother,as she wants to move in to her younger sons house.but my father stated he would readily allow her to leave with the furnitures(which are not indicated in the will to belong to my father),if she gives a written statement on bond paper and in presence of court that she is leaving on her own wishes and that she hasn't been subjected to torture in leaving this house

however repeated complaints to the police station have proved futile as they are also recommending to go to court to sort out the problems

.my father made this condition to avoid unwanted legal hassles that may arise if my grandmother complains after moving to her younger sons house that she was tortured in leaving the house of her elder son which was initially her husbands house.


my grandmother doesn't wishes to go through the court proceedings for writing the statement in presence of judge.altogether she is summarily trying to avoid the legal procedures that my father told to her.


my request is what should be the next step in order to avoid the inevitable that may arise once she moves her to her younger sons house.what can we do to notify the court and not fall on the wrong side of law after she moves and accuses my father of mistreating her.
can we restrict her from moving out or at least make her to give a declaration in presence of court recognised evidence so as to avoid unnecessary problems that can be made by her younger son that can arise once she moves out of my fathers house.

 
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advocate

Legally she can't be restrained. The only way is to prepare a document in presence of all senior members of the family, relatives and society, or Pnachayat, on behalf of her that she is leaving home according to her own will.

 
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advocate

Or she may give affedavit of such effect verified by Notary magistrate.

 
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audiologist and speech pathologist

but she is not ready to include the term that she is leaving on her own will not even in presence of senior family members or any court recognised member.

what can we do now to notify the law that we arent torturing in making her to leave rather she is leaving on her own.

can u suggest any other way by which atleast we can preinform the court of her leave so as to avoid the future legal hassle that may be aroused by her younger son

 
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HR assistant

How can you restrain a person to leave or move from one place to another simply because you wanted to have your wishes fulfilled? Remember you are committing a crime.

 
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audiologist and speech pathologist

what is the warranty that her younger son wont start a false case after she moves in to his...we should think with the pros and cons of every step.moreover we are doing it in a legal way and thats y we are soughting out the legal advice.so u cant call it to be a crime

 
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HR assistant

Dear friend, this is not a product where you get guarantee/warranty from the manufacturer  because court cases are decided on the evidence and not on the wishes of some individuals.Besides that no court would allow you to restrict movement of a sane person and any court can not declare an individual insane on the wishes of his/her relatives or on the advice of judge except on the recommendation of a medical panel odered by the court but please dont get agitated if the answers are not to your wishes.

 
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