WIDOW MOTHER THROWN OUT BY ELDER SON

Querist : Anonymous (Querist) 27 August 2010 This query is : Resolved
I refer to a case where a 67 year old Widow from west Delhi has been thrown out by her Elder Son and Daughter in Law, ( after the death of her husband/ a Public Sector Employee) both of whom are earning well along with their Kids also earning handsomely. The house/Flat where the elder son is forcibly staying for last 5 to 6 years has been willed by this old lady's husband in her name.

The Lady has 2 more kids besides ( 1 son and one daughter) both without a house living in difficult situation.

Can the Elder son be made to vacate this house without causing harrasment to the old lady by this elder son and his wife.

Its almost 9 years to the death of Ladys husband and property is still not Freehold. Can the property be sold without problems to help the old Lady in her old age...

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A V Vishal (Expert) 27 August 2010
Ask you client to file a case under THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007, and claim the house and maintenance from her elder son.

H. S. Thukral (Expert) 27 August 2010
Take the help of ' The Maintenance and Welfare of Parents and Senior Citizens Act 2007 for protecting the property of the lady.
She can also file suit in Civil Court. Since probate of the Will is not required in Delhi, the Civil Court in suit for possession can look into the validity of Will.

There may be problems in selling the house at present because it is in possession of the man (unfit to be called son) and buyer would be shy to buy the house in the disputed atmosphere.

Devajyoti Barman (Expert) 27 August 2010
I agree.

Querist : Anonymous (Querist) 27 August 2010
Thanks you all for your kind reply sir...The problem is that the Widow lady/Mother here is hesitating to take any aggressive action aginst her own elder son...She feels as a mother its principally wrong. But in last 20 years the Elder son has never offered her a penny besides throwing her out, not taking her phone calls even. Infact even her personal belongings and jewellery etc has also been snatched from her lockers by the Sons wife. Is it possible not to make the old lady run in the court rooms and settle this nicely for her. I do know that Elder Sons wife is very very prone to fighting and making a dirty scene publically making false accusations. Thanks for your advice and help once again.

s.subramanian (Expert) 27 August 2010
I fully endorse the opinions of M/s Vishal and Harbhajan. You approach the recognised mediation centres where it can be settled amicably,if possible.

Silabhadra Sastry Advocate (Expert) 27 August 2010
I do agree with all experts,and I would like to suggest you to file a petition before the Human Rights Commission and Women Commission,apart from filing those cases in court of law.

Uma parameswaran (Expert) 27 August 2010
Senior citizen shall also get help from local police officers.

Guest (Expert) 27 August 2010
YOU MAY CLAIM MAINTAINENCE FROM THE OTHER SIDE.THERE ARE SPECIAL LAW PROVISIONS REGARDING MAINTAINENCE OF OLD PARENTS.PLEASE NOTE.

Querist : Anonymous (Querist) 31 August 2010
May we know what documents she will need signed from her children including the Elder Son to be able to sell the Flat legally. Currently flat is willed to the old lady, but will is not registered but witnessed and made thru a lawyer...

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