My brother is not allowing my mother to stay her own house
1 year ago
Myself C and my mother name is Mother(Age 68). My mother owns a house. When my elder brother (B) got married my mother let him live at her house but now my brother is not allowing my mother to stay her own house and also not giving her any money. Right now, my mother is staying with her eldest son (A). What should we do?
She wanted to rent her house and earn money please advise. I had approached some lawyers, but they are saying it’s your mom’s fault that she allowed her son to stay. So how can she get her home back? Also if she hadn’t other two son’s what she would have done?
If She doesn’t have any source of income are there any lawyers/advocates will be ready to take her case. Because whenever she approaches any lawyers/advocates they ask for their fees first instead of giving solution.
If house belongs to your father then your mom and his children are having share in the said house and if the house belongs to your mother she has absolute rights over the property.
1. If your mother is legally the owner of the house, then your brother or any person whosoever cannot stop her from staying in that house or putting it on rent. If your brother is refusing to let your mother stay in her house, then you can approach a lawyer and file a suit on him to handover the possession of the house to your mother.
2. If your brother is denying to give her money for her maintenance, then you can approach a lawyer and file a suit for maintenance under Section 125, CrPC and also under the provisions of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Advocate Sinjari Bandyopadhyaya
Responded 1 year ago