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UPLEASE NEED HELP IT’S URGENT. My father is a bad person. He has been mentally and physically harassing my mom, brother and me since years. We want to be separated from him but our source of income is our house as we rent out the rooms to students. Our house is 3 stories. My mother, brother and I live on the ground floor and the father occupies one room on the 1st floor. Rest of the rooms are PG. My mother looks after the PG and thats why all the payments come to her. Father doesn’t like that as he doesnt have control over the money. The entire house is his legally as he inheritedit from his father. We want only the ground to be legally ours as we need at least that as a financial security. Is it possible to get that? Today he threatened my mother to transfer all the income to him or he will make sure no one remains at our PG (My brother was out and I am at office so we weren’t there to fight back.) Earlier this month my father came up to hit me and my brother defended me and it resulted in a physical altercation. THIS HAS BECOME A SAFETY CONCERN TO US NOW.
I have only just joined my company last year as a fresher so I don’t earn enough to support my brother’s education as he has just completedhis 10th. We need the money from the PG at least till my brother’s education is done. WE NEED LEGAL COUNCIL. PLEASE ADVICE. -
SSince there is physical and mental harassment, your mother can file a Domestic Violence (DV) case. Moreover, a restraining order can be sought from the court to prevent your father from harassing or threatening. And as the property is ancestral, your brother and mother can claim their legal share. A suit for partition can be filed under the Hindu Succession Act. Your mother has no automatic right over the house but she can claim residence rights under the Domestic Violence Act.
If your mother is managing the PG and has written agreements with tenants, she may argue occupational rights and request the court to let her continue managing it and if your father forcefully evicts them or stops the tenants, a civil injunction suit can be filed to prevent interference.
I suggest you to get in touch with a good lawyer.
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QYou should try that your parents reach an understanding your mother looks after the guest needs and if your mother stops doing that tenants may leave giving a bad name to your pg and if you go the legal route your mother can ask for divorce on account of cruelty and get a stay on sale of house then father will have to give your mother maintenance money with no rent coming and unable to sell both your parents would be in trouble get help from someone both your parents respect and try to reach a compromise between them regarding children neither you and your brother if over 18 are any longer their responsibility
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