My father and mother owns a property of 1800 sq ft. 800 sq ft registered in my father's name and 1000 sq ft registered on my mother's name. I have 2 brother and one sister. I took personal loan and built a house on it. My father passed away recently. My mother was living with my brother and his wife in the house. My brother and his wife were harassing my mother for some time. We all gathered in our family and asked them to vacate the house. They left the house after so much fight. One of my younger brother works in singapore. My mother went to his house for a month. In the mean time, my brother who harassed my mother prepared a duplicate key and entered the house without my mother's consent when she was abroad. We dont know where he got the duplicate key. He is speaking in abusive language to all our family members. We dont know what to do. My mother is yet to return to India. I would like to know how can my brother and his wife be evicted from our house. Also, how to stop him from harassing my mother or our family anymore
1)your father was joint owner of the property
2) on his demise intestate your mother , you and your siblings would inherit your father share in property
3)you cannot evict your brother legally as he is one of the legal heirs of the property
4)your mother can file DV case against her son and daughter in law
5) seek protection order
6) orders to direct son/ daughter in law to vacate portion of house in their possession
File a domestic violence case and ask your mother to file it, court will ask them to vacate and/ or leave premises. Plus he will have to pay maintenance.
Ask your mother to lodge a criminal complaint against your brother and sister in law. She can file a complaint for trespassing and domestic violence. If the police doesn't cooperate then she can directly approach the court through a lawyer. She can also file a complaint under maintenance of parents and senior citizen act and seek maintenance from your that brother. So he will be pressurised if he has to pay money to your mother. She can also file civil litigation for eviction. Kindly provide further details like place of residence of your mother. So I can give a detailed reply or contact me.
Thanks and regards
Jenal busa
Advocate
After the death of father the right over his property equally distributed to his all legal heirs. So you could not evict your brother from his father’s property. But in the mother’s property, your mother can file a eviction suit against your brother and his wife. She can also lodge a DV case against her son and daughter in law for getting a protection from their harassment's and also illegal possession in her house.
1. It appears that your father has died without any Will.
2.if that is so then on hid death his 800 s.ft will be equally devolved upon you,your mother ,your brother and sister.
3.So lawfully he has 1/4th sahre in the 800 sq/ft property of your father.
4.Now if he does not vacate the house then only way to eject him is to file a suit for partition and for separate possession sohe can not occupy more than his shares.
1. You say that the property was registered in favour of your father to the extent of 800 sq.ft whereas the remaining 1000 sq.ft is in your mother's favour. If your father has not made a testamentary disposition i.e will of his property which is capable of taking effect, he is deemed to have died intestate in respect of his entire estate.
2. Since your father has left a widow and lineal descendants i,e children, 1/3 of his property shall belong to the widow, and the remaining 2/3 shall go to the lineal descendants. So your brother who has been harassing your mother has a fixed share in the property, hence he cannot be evicted from the property wherein he has a determinable share. The only remedy that your mother may adopt is to file a suit for partition to cull out separate possession of her share in the entire property.
3. However, to stop the son from harassing her she may file a DV case to seek protection order against son and his wife.
In this situation you have to file a civil suit for temporary injunction against your mother.Your brother is trespasser because he entered in the house by illegal means. The Civil Court has power under Order 39 of the code of civil procedure to evict the trespasser from the premises through order of temporary injunction.
if you and your mother is living abroad, right now, then you can file that civil suit through a person by giving him an authority by the power of attorney to file a civil suit on behalf of your mother.
1- file f.i.r. by the name of your mother for illlegal trespassing in local police station, on your bro :&name.
After the death of your father, there are 5 stakeholders for his 800 sq.ft.
The other 1800 sq. ft. is intact in the name of your mother.
Thus, technically, he can claim a stake only upon 160sq. ft of this property.
Your mother and the three of you should approach the court so they he is dispossessed .
Dear Querist
Your mother may file a criminal complaint against them before criminal court under section 12 of the Protection of Women from Domestic violence act 2005 and claim protection, residence order, monetary relief and compensation as per section 18,19,20&22 of act.
If your father died intestate then your brother has a right in that property hence he can not be evicted from that property but if there is any will executed by your father and debarred him then court can be passed an eviction order against them.
Feel free to call
1. First of all please note that the building constructed by you on the land of your father (or mother or on both of their land) belongs to him or them.
2. After the demise of your father intestate, all his legal heirs, being your mother, all three brothers and one sister are the joint owners of the said property of your demised father.
3. So,your the said brother is authorised to claim partition of the building constructed on 800 sq.ft land which belonged to your father.
4. It will be very difficult for you to prove that he used duplicate key with the back ground that he is authorised to enter and stay in that house for reason already explained above.
5. If that house has been constructed on the land of your mother, the she can evict him by filing an eviction suit since the building constructed thereupon will be considered as her property.
Dear Sir/Madam, Thanks for your valuable inputs. I have few queries based on your inputs. We don't deny that there is ownership for my brother in my father's property. But, our family cannot live with him in the same house which may lead too much conflicts. 1. Given the history of violence and harassment done by my brother, will he be evicted until court finishes partition? 2. Is there any way that we can give money for his part of share and buy his share through court? 3. If court does not evict him, will the house be locked down so that no one has access to the house till there is a partition? 4. He also sold one of the vehicle in my father's name after his death. Only God knows how he was able to do so. Is there anything we can do about that? 5. We have other properties from our grandfather which he is enjoying on his own after my father's death. We will definitely file a partition suit. Is there any way that the property can be sealed till court divides the property? The issue is in the district of Tirunelveli of state Tamilnadu. If there is any experienced lawyer as reference, please let me know.
1) your brother would not be evicted pending division of property
2)you can seek appointment of court receiver but it is doubtful court would grant it
3) you can instead of going to court pay your brother his share of property . Brother can execute sale deed for his share
4) file police complaint against brother for sale of vehicle belonging to father without consent of other legal heirs
5) number of lawyers on this website from Tamil Nadu contact any of them
1. If your mother is a senior citizen, she may approach the senior citizens tribunal and press her grievances in the matter.
2. As on date, your brother's possession on the entire house is illegal and unauthorised. It is also open fr your mother to lodge a FIR in the matter.
1. your brother will not be evicted till the time the case is pending in the court of law.
2. Buying his share through court will be difficult at this stage, I doubt that the court will grant such permission.
3. House will not be locked down, order of status quo can be passed. In the alternative you can pay him the amount of his share and ask him to execute a sale deed.
4. File a police complaint with regards to this in the police station
5. You may contact a lawyer from TN through this portal.
Regards and Thanks
Ask your mother to file the case against them before the senior citizen tribunal.
GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA
Hi , the properties that you all have inherited from your father , holds a equal share in the property .. The equal share also includes to hold the right of possession over the property .. It is advisable that you should file a partition suit and let the court decide on merits .. Either you can offer him to sell his share or to buy your share in the civil suit .. You can file a civil suit for declaration , to challenge the sale of the car .. Also provide a complaint to the police , as it was sold without his title and obtaining certificate from court
1. For acting violently, your brother should be punished as per Indian Penal Code but he can not be evicted on that account. There is no provision of law for praying for his eviction on the said ground.
2.You can offer him to buy his share and court can not force him to sell his share to you as per your prayer.
3. There is no law to force him to stay out of his share of his father's property for any reason what so ever. The Court can evict him from his occupation of other's share of the said property.
4. Lodge a police complaint alleging that the said vehicle has been stolen. If it is found out that he has sold it illegally, then he will be arrested for fraudulently selling the property jointly owned by all the legal heirs of your father.
5. The Court can be prayed for expediting the hearing but before hearing the matter, he can not be evicted or stopped from enjoying the said properties till the partition is decided.
1. Given the history of violence and harassment done by my brother, will he be evicted until court finishes partition?
You can apply injunction but its court discretion to pass such an order by perusing evidence tendered buy you before the court
2. Is there any way that we can give money for his part of share and buy his share through court?
If he is ready to sell the share then you can buy other wise you could not
3. If court does not evict him, will the house be locked down so that no one has access to the house till there is a partition?
No.its court discretion to pass such an order
4. He also sold one of the vehicle in my father's name after his death. Only God knows how he was able to do so.Is there anything we can do about that?
You can make complainant before police .
5. We have other properties from our grandfather which he is enjoying on his own after my father's death. We will definitely file a partition suit.Is there any way that the property can be sealed till court divides the property?
File a partition suit
Since this property belong to our mother, only she can initiate any legal case to evict yor brother and his wife who have forcefully and illegally gained entry into the house especially when she was away at abroad.
Your mother can authorise yo with a POA deed to handle the situation including filing an eviction suit to evict your brother from the property.
1. Since he has a right in the property especially in the father's property, he cannot be evicted just like that, you have to make some other arrangement
2. You cannot force him to take money as a compensation towards his share in the property.
3. The court cannot ask him to vacate the house since he too has a right for a share in it.
4. If you did not get your share out of the sale consideration, then you can very well demand it.
5. There is no question of putting a seal to the property under his possession and occupation, the court only has to decide about it