Abusive son

Throw out abusive brother and his wife from the  Gouhati house or apply for permanent injunction in a civil court  restraining them  from entering the house in question.. if he makes amends in his abusive behaviour then you can allow him into the house in question.

On the demise of the father, all the properties have devolved upon the mother and children; so has the income therefrom. The obvious solution is to workout a family settlementand and give the brother what is his due. If no amicable settlement a suit for partition needs to be filed.

My brother already gets a share of the income from my father's property plus his, his wife's and his children's expenses are taken care of by my mother as they live in the same house. I did forsee the eventuality that my mother might be asked to move out of her own house once the property gets transferred in all of us's name thats the reason I had initiated the transfer of all the properties to my mother's name. My mother has absolutely no issues in giving my brother a share of the property in the will she will be making on the properties that my father left behind. However, my brother wants to ratain our family house and wants my mother to move out, which i just cant let happen. 

Can my mother seek relief under Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007 ?

i shall discuss this with a lawyer ; thanks you mam for the advice

Your brother and/or his family cannot (must not) be fed by your mother out of rental income of the properties and he (your brother) with his wife and children can not compel her (your mother) for any money, which is other-way-round where in your brother alongwith all other brother(s) and sister(s) are socially, morally and legally liable to maintain her (your mother). 

Your query is multi-faced involving number of other questions, which require to be consulted through a local lawyer.

Thank you Sir for the advice. Can you also tell me if i can engage a lawyer and do the necessary filing in a different city other than Guwahati ? As I have to initiate the legal process with te consent of my mother, filing the suit/case in my current city will help me  save time and effort.

It is believed that you are all Hindu.

Confirm.

In Assam Dayabhaga School is observed.

The succession opens on date of death, as per applicable succession laws.

The owner father has died hence succession has opened.

Your mother gets her share.

The other legal heirs get their share………………..and it is felt that rental income is also to be shared by legal heirs.

Your mother become owner of her share………………..

She can act against her abusive son and even claim maintenance……..

She can seek inexpensive and speedy remedy under the  mentioned Act also….. 

Agreed with Ms. Usha Kapoor, Mr. P. Venu, Dr. J.C.Vashista...........

Your query has been responded.