Please help me sir,
natasha sinha
(Querist) 16 February 2012
This query is : Resolved
dear all experts,
i am working women and i m living with my mother who is a widow.my brother and his family are living in seperate portion of the house.as they are not taking care of my mother properly.my husband works abroad and frequently comes to visit me and my mother. now my brother is constantly threatning me to leave the house and not allowing my husband to enter the house.the house is built on two plots one in name of my brother and other on mothers plot.the built property in not registered.please help me out that how can apply hindu law 2005 act,domestaic violence act and senior ctizen protection act in this situation to fight for my right and diginity.please help me out as my loving father died when i was young.and now my brother wants to grab all property form her helpless sister
ajay sethi
(Expert) 16 February 2012
you have stated that house is built on 2 plots one in name of your brother and one in name of your mother .
your mother can by will bequeath the ownership of plot to you . in alternative she can execute gift deed in your favour .
contact a local lawyer .
if your mother is not being cared for by her son she can move court and ask for maintenace if she is a senior citzen .
how did your brother become owner of one plot?
did he prucahse the plot out of his own funds?
did your father die intestae or left a will ?
Shastri J.K.
(Expert) 16 February 2012
I agree with mr.ajay sethi..
natasha sinha
(Querist) 16 February 2012
dear ajay sir,shastri sir
thanks a lot for replying
1. my fatehr died intestae
2.my brother has not bought the plot as he was a student then .it was bouught by my parents self earned money which can be easily proved in court
sharad raghav - 9990549475
(Expert) 16 February 2012
if your father died before 2005 then amendment 2005 of succession act will not apply so here you can ask your mother to gift or sell out that plot to you.
and for maintenace , you can follow up Mr.ajay...
Deepak Nair
(Expert) 16 February 2012
If the entire property was on your father's name then You, your mother and your brother have equal right on the property. Each of you will have 1/3 share on the property.
If the property was jointly owned by your parents, then your mother will be entitled for her own share i.e. 1/2 and the other half will be devided among all three of you equally.
I suggest you to visit a lawyer for guidance as advise can be given on this issue only after referring the papers and a detailed discussion.
Regarding the threatenings, it is better to file a complaint to the police station. Not only better, but also it is the necessary step that you need to take for not getting dispossessed from the property.
Rajeev Kumar
(Expert) 16 February 2012
Do as our experts advised.
Sankaranarayanan
(Expert) 16 February 2012
I have no word to say already well advised by my learned friend mr sethi. You find good lawyer in your plaxe and act speedy
natasha sinha
(Querist) 16 February 2012
dear sir ,
1.if this is proved in court that plot was not bought by my brother but my fathers fund who will be owner of plot
2.will domestic violence act will help me as i m married women living in my parents house.
Deepak Nair
(Expert) 17 February 2012
1. Obviously your father's.
2. Domestic violence can be applicable
natasha sinha
(Querist) 17 February 2012
thanks to all of you. i was on verge of nervous breakdown .though law has made all sorts of equality norms for girl and boy child still some greedy males are too prejudiced to share anything to their sisters they treat them as alien after marrige
Deepak Nair
(Expert) 20 February 2012
Anything can happen in todays world which is full of greedy people.
They think they can take everything with them when they die.
Any way, you have to fight with all your might for your rights.
natasha sinha
(Querist) 20 February 2012
dear sir,
one more query my marriage took place in 2003 . my father died in 2008. the hindu amendment act takes in account the year of marriage .or the date of death of person whose property is to be divided
Sudhir Kumar, Advocate 
(Expert) 03 August 2014
repeated
http://www.lawyersclubindia.com/experts/please-help-me-sir--279836.asp#.U93X1KNvdG0
