Property civit court case
arya
(Querist) 09 September 2011
This query is : Resolved
My mother disowned my brother & his wife from property & relation by legaly & publice notice.
but they are living with my mother home. and they are refuse for go out from home.
my brother's wife threat us "if you force that i will file 498a"
what should we do.
Should i go civil court ?
if yes what is the time period of the civil court case ?
And how much cost of this case ?
and what is the effect if this civil court case in 498a case if she file in future ?
Ghanshyam arya
Delhi
R.Ramachandran
(Expert) 09 September 2011
The property is in whose name?
It is in your mother's name, how did she get it in her name?
prabhakar singh
(Expert) 09 September 2011
yeah!without detail facts how can one advise??
Provide the details asked for by Mr.Ramachandran???
Raj Kumar Makkad
(Expert) 09 September 2011
As the property is in the name of your mother which is illegally possessed by your brother and his wife and they are refusing to vacate it and your brother's wife is threatening to file 498A case against both of you if try to get vacation of house so in the light of given facts, your mother shall have to file a civil suit for possession claiming therein mesne profits as they are illegally using your house and you are forced to get another house on rent.
So far as time is concerned, none can comment but generally it may take about 3 years in lower court. Fee/Cost of litigation is negotiable.
498A is merely a threatening as in that case, she has to require her husband first and thereafter all other persons. There is no possibility to malign any family member of you because you have already strained relations and even they are illegally possessing your house so there is no likelihood of maintainability of such proceeding in any way.
arya
(Querist) 09 September 2011
The property is my mother name.
my mother purchased this propeerty from a property dealer in 2007.
my brother marriage held in december '2010.
my brother agree for go outside from my mother's home but his wife refuse.
Shastri J.K.
(Expert) 09 September 2011
before taking any step you report the mater regarding threatning.
prabhakar singh
(Expert) 09 September 2011
Then advise given by Mr. Makkad needs to be followed by you.
M/s. Y-not legal services
(Expert) 09 September 2011
My advice to file a suit for declaration about your mother's legal possession and permanent injunction for not to disturb her peaceful possession and enjoyment.
