Need help for a property dispute

[Mihirpanther163]

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Mihirpanther163
PARTICIPANT
May 6, 2025 at 4:34 am

My father owned a house which was in his name at the time of his death around 18 years ago. Now my mother who lives in the same house has been living there and invited my brother and his family to live there so they can save on some rent. They coerced her to transfer the property to their name which she denied. Now they have closed off her access to the rest of the house and she has a room where she cooks and cleans for herself and one exit door. She is not looked after and wishes my brother and his family to be gone which they aren’t going to on their own. What are the options I have to help her?

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[Desiknight9081]

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Desiknight9081
PARTICIPANT
May 6, 2025 at 4:42 am

Hi. I am a Delhi based lawyer. She can seek protection under Maintenance and Welfare of Parents and Senior Citizens Act, to have them evicted from the property for facing ill-treatment at their hands, besides resorting to other measures under law.

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[Ashishowl687]

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Ashishowl687
PARTICIPANT
May 6, 2025 at 4:47 am

Like comment said, you cannot talk your way out of it. Be ruthless and file a complaint. Go total legal.

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[Epicrupal2629]

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Epicrupal2629
PARTICIPANT
May 6, 2025 at 4:58 am

If your father passed away without any will the house belongs to all 3 of you, your mother, brother and you. Although he cannot sell without your approval, you will have to go through a legal route to have them evicted and then sell the house, if you fail to reach a compromise.

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[Mihirpanther163]

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Mihirpanther163
OP
May 6, 2025 at 5:02 am

Thank you for the advice. I don’t think there ever was a will. He passed away 18 years back. The property rights being distributed amongst the whole family is an issue. I’d rather have my rights waived and transfer all of it to my mother. But therein lies the problem. There is no way I can get off of this without a legal dispute

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[Mihirpanther163]

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Mihirpanther163
OP
May 6, 2025 at 5:05 am

What can I do if all parties don’t agree to sell off the property and accept his shares?

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[Shagunshark948]

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Shagunshark948
PARTICIPANT
May 6, 2025 at 6:03 am

Baatcheet. Mediation. And some wise person telling your brother, without your and your mom’s signature, he wont be able to see the property. I presume it s a residential property.

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[Wisegunjan3491]

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Wisegunjan3491
PARTICIPANT
May 6, 2025 at 5:08 am

File multiple cases of trespass, harassment, domestic violence and misuse of family property

Claims of threat and abuse to obtain an immediate restraining order

Also use the maintenance…..senior citizens act

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[Abhinavbear303]

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Abhinavbear303
PARTICIPANT
May 6, 2025 at 5:36 am

Firstly, lodge a complaint at the nearest police station and get your brother and family evicted. Ensure proper security for your mother if there is any risk of physical harm. Post that, try to liquidate the property and share the proceeds equally. Use the legal route to close this.

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[Arushbear312]

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Arushbear312
PARTICIPANT
May 6, 2025 at 5:58 am

Take police or NGO help in your town. They will help better and faster. Court and lawyers will come later.

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[Sarangwolf879]

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Sarangwolf879
PARTICIPANT
May 6, 2025 at 7:01 am

(Not a lawyer but a family counselor ( not taking clients presently))

To what extent your mother is will to go. You need to know what she wants and what is she willing to do for that.

Someone here suggested to file multiple cases against your brother, maybe that’s the right thing to do if meditation and compromise aren’t possible.

But is she willing to go to such lengths.

There are 3 parties involved here, you, your brother and your mother. You should first think individually what is the bare minimum you want which you won’t let go.

Elderly parents are always confused and vulnerable. She could say yes to many things when talking to you but totally flip out after having a talk with your brother or seeing a policeman.
It is a big possibility, you might end up burning from both the ends.

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[Mihirpanther163]

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Mihirpanther163
OP
May 6, 2025 at 10:24 am

That has been my reality for decades now.

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[Mihirpanther163]

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Mihirpanther163
OP
May 6, 2025 at 10:25 am

I have an acknowledgement from her for the 1st time. So I’m willing to try. Thanks for the help

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