How to enable a senior citizen get access to their property post final decree
2 months ago
1. My mother (aged 70) was awarded the title to a particular share in her father's property by the hon court in Dehradun which passed a final decree in a partition suit. Her share is under mutation now.
2. No one is physically staying in the property at the moment and it is abandoned.
3. Her nephew (who used to stay earlier) has put his lock on the main gate and is willing to give her share only when she gets everyone else to the property to take their share. He is refusing to allow mom to physically take her share and is harassing her by asking us to go to the court for her individual possession.
4. Other parties who were awarded a share by the hon. Court are having disputes within their own families and it is not possible for us to get them aligned.
Q: is there a law which states that one party can get possession only if other shareholders also come? Since the lock on the main gate blocks access to my mom's share, can we break the lock and get access (Mom was awarded a part of the garden of the overall premises. The house on the premises is guarded by a second lock, which we are not interested in accessing). Once we get access to the garden, we want to build a wall per the hon. courts ruling. We want to do this quickly - so would a senior citizen cell (the police) be the right authority or do we need to go to a court and request for relief and police protection during the process? We do not want to complicate the situation and have a new case with notices and hearings. So would an application for relief and police protection be sufficient?
When your aged mother is entitled to a share in the property based on a decree of partition suit, nobody can deprive her right to the said property. Apart from the civil suit for declaration, your mother can file a complaint against her relatives (nephew) under the Domestic Violence Act, 2005, and can apply to Section 5 of the Maintenance and Welfare of Parents & Sr. Citizens Act, 2007 before the maintenance tribunal presided over by the SDM/DM explaining therein the nature and details of harassment and humiliation facing by your aged mother in the hand of her relatives. On receipt of an application for maintenance under sub-section(I) of Sec.5 of the Act, after giving notice of the application to the relative (nephew) and after allowing the parties to be heard, hold an inquiry for determining the amount of maintenance and based on the merit in the claim pass an order for payment of maintenance up to Rs.10,000/-payable by the errant children or relatives to the applicant, parents including order of eviction of erring children/relatives from the property belong to Sr. Citizens/Parents. The Maintenance Tribunal is also empowered under Sec.23 of the Act to cancell a deed of gift executed in favour of children/relatives who failed to maintain their aged parents/Sr. Citizens. This forum is less expensive and hassle-free to resolve disputes. This benevolent act is exclusively enacted for the protection of the safety and security of Sr.Citizens who are being harassed and abused by their children/relatives in their sunset years to lead a life with dignity and peace. No Advocate is allowed in the proceedings to represent the case either on behalf of Sr. Citizens or OP, erring children/relatives. Further, an Elder Help Line (No.14567) is launched by the Ministry of Social Justice and Empowerment exclusively for the protection of the interest of Sr. Citizens of the Country from any kind of crisis from health to wealth, your aged mother may take a chance by contacting them.
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