My Father in law expired in May 2020 . One of the daughter has forcibility changed the home ownership property papers in her name . She is getting the rent of that property in her name and not paying any monthly money to her mother since death of her husband and forcing her to vacate a rented house which the parents are living . My mother in law is 80 years and in being abused by her daughter daily and all her money has been taken . what help can she get. she has her Husband will where 1 floor is in her name , One with her son and two for the daughter. The Daughter husband is Retired IAS officer . what legal options my Mother in law has to have a place to stay and get monthly payment form the house rent or get the property in her name .
Mother can file application before senior citizen tribunal seek orders restraining daughter from disturbing her possession of one floor bequeathed to her by her husband in his will
2) she should also apply to set aside mutation of property in daughter name
3) enclose her husband will
4) file suit for partition for division of property
5) seek expedited hearing as she is senior citizen
6) seek orders to direct daughter to pay her share of rentals
A criminal complaint must be filed immediately against such forgery.
A maintenance application should also be filed against the daughter as she is responsible for hwr maintenance being her daughter and also because she is keeping all the rent.
An application under the senior citizens act may also be filed against her.
The property that were left behind by your deceased father in law upon his intestate death shall devolve equally among all his legal heirs/successors in interest to succeed his estates.
As per you the transfer of property to her name alone by the daughter without the consent or relinquishment by the other legal heirs of your deceased father in law is not possible in law.
If she has forged others' signatures and acquired the entire property it is nothing but an act of fraud, cheating and land grabbing, all these come under criminal offence.
A criminal complaint can be lodged against her for the offences of impersonation, fraud, cheating, land grabbing, high handedness, threats to her life and several related offences with the local police station and also since your mother in law is a senior citizen, she can approach the senior citizens' welfare tribunal for relief and remedy besides civil remedy for partition, separate possession of her legitimate share in the property and also for a rightful share in the rental income from the property through a partition suit in a civil court.
You may consult a lawyer either from this forum or one from your native place for further actions and suggestions.
If mother has rights to ask maintenance amount from daughters as per the senior citizens act and guardian act.
she has to file maintenance against the daughter and claim her property in case you do not find any relief from the lower court then please move your application to the high court in the form of writ of mandamus
1. Through which document she has forcibly changed the ownership of the property in her name? Your MIL shall have to lodge a police complaint and then file a probate case before the Court.
2. She can also file a DV petition before the Court and pray for police protection.
Sir
You have following remedies:
1. Approach civil court for partition of the property.
2. File complaint in court for restraining the daughter from harassing her and for giving the benefits she has.
3. Criminal complaint against daughter regarding harassment.
These will depend on the documents and circumstances she has.
Regards
1. If there is a will then property devolves in terms of will to the extent it has been bequeathed. Your mother-in-law is the absolute owner of the floor bequeathed to her by her husband.
2. Since she is being harassed by her own daughter she can file a complaint case under DV Act, 2005 to seek protection order against her daughter. In her DV case itself, she can seek recovery of money taken by her daughter.
3. Your mother-in-law can also file a suit for partition to divide the property.
How much will be approx legal fees to file the monthly maintenance case and for partition . since my mother in law does not have any money coming to her she is worried how long this process will take and cost. please advice
1. The legal fees for filing application and also for appearance varies from lawyer to lawyer.
2. However, for an average lawyer in Kolkata it might be Rs.40 K & Rs.3 K respectively.
Legal fees vary depending upon lawyer engaged by you
if she cannot afford legal fees she can avail legal aid services from district court
The lawyer's fee and the court fee for filing the case would be informed by the lawyer who she would be engaging for the purpose.
The time taken for disposal of partition suit may not be predicted however it may take at least 3 to 4 years for disposal.
Sir
We charge about 55 thousand for partition suit. Monthly maintenance application is similar to filing a case but we can charge about 11000 for this, if partition suit is filed by us.
In the current situation the partition suit may take more than 2 years but the maintenance may start in 1-3 months after appearance of the defendant.
If you cannot pay the amount then you can contact local legal aid office which is generally in court premises and they may provide a lawyer for free but I have heard that they do not work properly. Anyway you can initiate the process through them.
1. Legal fee cannot be predicted as the fee structure of lawyers in not uniform.
2. The process under DV Act should not take long. It has to be decided within 90 days.
It depends on lawyer to lawyer. You need to Consult them in person. Court fees will be addition as per value of property
