Someone badly beats his widow mother
Querist :
Anonymous
(Querist) 23 October 2009
This query is : Resolved
Someone badly beats his widow mother, expelled his mother from the house, house owner is mother and she is owner in the title documents. Now mother wants to eject the son and his family from her house, what course of law will be initiated? M.A.CHAUHAN - chauhanma@yahoo.com
AEJAZ AHMED
(Expert) 23 October 2009
Mr. Chauhan,
Firstly:
She can file a civil suit for "Recovery of Possession" on "Title" as you are saying that:
' house owner is mother and she is owner in the title documents'
Seconded:
If its a matter for Indian Law & Courts concerned, Your query is not clear about date of incident;
the same is necessary for consideration of limitation period as per 'Indian
Limitation Act, because she is "Physically dispossed" from the suit property having tiltle on her name.
Or otherwise its a matter of Pakistan, then please first go through the "Limitation Act", if it applies to your case.
Adv Archana Deshmukh
(Expert) 23 October 2009
She can file a suit for declaration and possession on the basis of the title deed.
dhiraj choudhary
(Expert) 23 October 2009
suit for possesion of property is ok but............ she must have lodged a report before the concerned police n if they don't take any action then file a criminal case before the competent court. i think that 'll help u in pressuring him
Raj Kumar Makkad
(Expert) 23 October 2009
I am sorry to be disagree with all experts who opined prior to me on this subject. It is very simple matter. Dispossession through force from one's own house is an offense, otherwise also she has been beaten and has forcefully evicted so best course is to lodge FIR against such KAPUT accused and seek restoration of possession by way of police force. thereafter file a petition seeking maintenance against son before competent court of law as per 125 Cr. P. C. and file a civil suit for permanent injunction against his son.
Querist :
Anonymous
(Querist) 24 October 2009
I am obliged, thanks to all experts who gave their excellent opinion, advises will nicely serve the purpose, With best regards to all. M. A. CHAUHAN - chauhanma@yahoo.com
Sachin Bhatia
(Expert) 24 October 2009
agree with Mr. Raj, seek restoration of possession by way of police force.
