Son not letting mother sell property

I advice you to settle the matter amicably, because son 1 wants to litigate the property  by forcing you to  initiate civil suit  legal proceedings, so that retain that property for a long duration till the case reaches its logical conclusion.If you still prefer to go legally, then I advice you to go for a criminal complaint, under sections 406,  417,441 and 506 of IPC.

I dont know much about legal things but as Long as Property is in the name of the Parent he/she can whatever he/she wants with that property.......In this case property belongs to Mother.......If she wants she can sell that property and give the share or give nothing to son. Son has no right to claim property by law.

If Mother wants she can even donate the property to social service and give son nothing if she wants.

Originally posted by : Adv.Raghavan
	I advice you to settle the matter amicably, because son 1 wants to litigate the property  by forcing you to  initiate civil suit  legal proceedings, so that retain that property for a long duration till the case reaches its logical conclusion.If you still prefer to go legally, then I advice you to go for a criminal complaint, under sections 406,  417,441 and 506 of IPC.

Thanks a lot, infact the mother also wants to resolve it amicably, but the son1 refuses to since he wants to delay the matter and keep possession of the property till the time the court case goes on. 

Any idea how much time typically would it take, if all property papers including relinquishment deed is available and in order. 

Also, can the mother gift the property to son 2, and then son 2 should file the case for claiming possession back from son 1 or should it be filed by the mother to settle it quickly?

It all depends upon the court and concerned lawyer who takes up the case, i do not want to speculate on time,.with regards to second question if u have decided to proceed legally, i prefer mother over brother to contest the cases.

1. The mother can file a police complaint against her son for harassing her and forcibly occupying her property since the son is not paying any rent,

2. She can file an eviction suit which she will win surely,

3. It may take 4/5 years to be disposed of,

4. She can also gift the entire house or the part of the house which her said son has occupied so that the donee son can file the suit against her occupier son. 

I agree with the advises rendered by learned Mr. Raghavan and learned Mr. Ganguly on the issue, nothing more to add.

thanks all.we thought till it is being discussed it is better to get the property gifted to younger son via a gift deed

one lawyer mentioned that the stamp duty does not need to be paid in blood relationship, another is saying it is at a lower rate and third mentioned it is to be paid @6+1=7%

which is correct ? 

property is situated in delhi..

Thanks all for your guidance. What if the mother starts a court case against the son, but even when the case is going on, can she gift the said property to the other 'good' son?

reason is that as advised earlier, it is better that mother files the case since it will be settled quicker, but what if she passes away before the judgement is reached? So isn't it better that she initiates the case, but before the settlement, gifts it to the good son to avoid any issue in case of her death?