- This topic has 13 replies, 8 voices, and was last updated 1 year, 5 months ago by
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UMy elder brother has been torturing my mother and not letting her live peacefully for quite many years. He nitpicks things around and starts yelling unnecessarily. Is adopted, into drugs, divorced, has no work & a very violent nature. Father tried moving him out of the house, both peacefully and by force while offering money and a house to stay but he fought back physically and didn’t go. Father left home one day leaving everything behind and is missing for the past 2 years, so he is no more in the picture. Brother forcefully took control of dad’s mobile for whatever income comes in his bank account. Went to the police to figure something out, but they were least interested, directed us to senior cell who also didn’t help much. Based out of Delhi, if someone can please suggest a way out.
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UWhat is your status? You’re man, woman? Who is the property in name of? Is the brother legally adopted?
Your mother can disown him legally. She can sell everything and make an FD, so that she ensures smooth expenses for herself, make your phone number in all banking transactions. See a lawyer and he can suggest what all can be done in this case.-
UI am a 29 y/o male. The property is in joint ownership and can’t be sold without father’s presence or need to wait for 7 years in which law presumes missing as dead. Yes, he is legally adopted. Please suggest if you know any good lawyers in Delhi.
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BLawyer from Delhi here.
I would advise you to engage a Lawyer and file appropriate proceedings under the Maintenance & Welfare of Parents and Senior Citizen Act, 2007 (Senior Citizen’s Act) before the Deputy Commissioner/District Magistrate who is the relevant authority under the Act. In 2022, the State of Delhi amended the Statute to allow eviction of children if certain conditions (as as yours) exist. The proceedings are summary proceedings and therefore you will get relief without much delay (in comparison to Civil Suit). Elder Abuse is a niche area of practice and most lawyers will advise you to simply file a suit for ejectment before a Civil Court. However, the Senior Citizen’s Act bars the jurisdiction of Civil Courts. So this is your only way to get relief (apart from Criminal Action, which you should also commence after consulting your Lawyer).
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