House in mother name but sons troubling
swati
(Querist) 13 March 2013
This query is : Resolved
My mother has a house owned in her name .The house was built by my father by procurring plot by my father.However the registry of the House was made to my mother name. We are 2 brothers and 3 sisters. My mom is living in this house with 2 sons who are living at ground floor and 1st floor.But they are not taking care of my mom who lives in same house but in one room and making her own food etc. She wanted to sell this house but my brothers went to court and got a STAY ORDER . My mother is old 80 yr and she is worried that after her death the sons will take the house illegally. .Although she has hired a Lawyer. But case in court for past 4 yrs.The sons used to beat her up but after I came in that house to reside with my mother she has got strength to fight the case ongoing in court. Pl guide me how to proceed and under which law and code should we fight so as to expel the 2 sons .My brothers already have their own procurred property. My mother wants to sell the house but due to court stay by the sons she cant. The sons has initially argued that they have invsted money to build that house which was false but still the Judge gave them time to prove their say. Now everytime they are increasing dates in court to delay the case .My mother is old and we have no male persons to fight .But I am strong willed to fight the case. Pl guide me how to proceed so as to remove the stay order. Can i switch over to some other court also in same city because the present court judge seems not interested in solving the case inspite that the documents prove that House is self made by mom.
Nadeem Qureshi
(Expert) 13 March 2013
Dear Swati
first of all filed a domestic violence case against your brother on behalf of your mother and get protection order with maintenance order, after that file an application for cancellation of stay before the court.
Feel Free to Call
Nadeem Qureshi (advocate)
Raj Kumar Makkad
(Expert) 13 March 2013
As your brothers have no title deed in their name, they can nothing with the property but the stay order is required to be got vacated at the earliest so that your mother can sale the property as per her desire. It shall be wise to get a gift deed from her in your name so that the dispute may end for ever even during the pendancy of the suit and even during stay order thereto.
