Adultery by my brother, harassing my aged mother for money
Wing Commander Shaleen Airon
(Querist) 09 July 2015
This query is : Resolved
My elder brother, 46yrs, unemployed stays with my mother in HUF property. My father & mother are living separately since 25yrs, so my mother is fully dependent on my brother for her cate taking.
When my mother visited me, my brother started an adulterous relationship with a 45 year old Nepali married woman who was working as a maid in house.
He's neck deep in affair now & wants property share even forcing sale of house in which they reside.
He's been harassing mom for money, threatening her that he'll being the lady to reside with him in same house.
He has an old history of harassing everyone, including physical abuse, esp towards mom but she's been tolerating him.
Plz guide me regarding:
Q.1: How can my mother stop him from bringing such a lady in house.
Q.2: How can my mother prevent extortion, and chances of physical abuse and also prevent property division.
Q.3: Neighbors are just watching, actually no one wants to help.
Plz help. I'll be very obliged.
Sudhir Kumar, Advocate
(Expert) 10 July 2015
Q.1: How can my mother stop him from bringing such a lady in house.
SHE HAS NO WAY
Q.2: How can my mother prevent extortion, and chances of physical abuse and also prevent property division.
SHE CAN MEET AREA SHO
Q.3: Neighbors are just watching, actually no one wants to help.
THEY WILL NOT HELP
P. Venu
(Expert) 10 July 2015
Your mother can seek relief from the local Magistrate Court.
Guest
(Expert) 10 July 2015
As a Senior Citizen your mother has the right to seek protection even from her son.File a Complaint with Senior Police Officials of your Place and explain them in detail about his immoral and illegal activities of bringing ladies to home and about his tortures.Regarding Property Claims your brother would be warned not to disturb your mother but to approach for Legal Remedies.If you are not able to handle the situation please approach local senior good advocate.
Rajendra K Goyal
(Expert) 10 July 2015
Who is Karta of the HUF? In whose name the property is?
Your mother can not check your brother.
Your mother can stay with you as you are equally liable to care your old mother.
Wing Commander Shaleen Airon
(Querist) 10 July 2015
Dear Shri Rajendra K Goyal,
My father is the Karta of HUF. As per a court order 20 yrs ago, he relinquished his share to me, my mom and my brother.
Yes, my mother is always welcome, but she wants to stay at my native place in the bungalow (emotional attachment)
Wing Commander Shaleen Airon
(Querist) 10 July 2015
Dear Shri Rajendra K Goyal,
My father is the Karta of HUF. As per a court order 20 yrs ago, he relinquished his share to me, my mom and my brother.
Yes, my mother is always welcome, but she wants to stay at my native place in the bungalow (emotional attachment)
Dr J C Vashista
(Expert) 11 July 2015
Dear Airon,
You should dominate your brother and kick out the maid from your house, she has no right to stay in the house without permission. Seek help from local police and a lawyer.
Your mother can move to DM under the provisions of Maintenance of Senior Citizens Act as well as POWFDV Act against your brother.
If your brother wanted to live with her let him also seek some other house/shelter.
Once your father has relinquished his share in favour of all of you, he is not Karta of the HUF.
Regards
