Legal Question in Family Law in India
Hello Sir,
My father has earned and created some property. My brother is in govt job and earns well. Due to family issues, my father has disowned my brother from property completely. He had asked my brother to vacate the house and live separately with his family. his wife is not ready to leave our house and is foricbily living there. She is even threating to file dowry harrasment case as she they are disowned from property and know going to get nothing. She is creating very bad environment for my family and abuse my parents and elder brother and his wife as well. She had even filed a case in mahila cell where she mentioned that my parents torture her and tried to poison her..though nothing against my brother. The mahila cell counsellor also advised her to leave the house and live separaelty with her husband. She is not ready to go after their advise as well.
We arranged a separate house for my brother and his family as well..paying the depoist and rent both. Still they are not ready to leave.
My father got in touch with police as well to help us remove them from the house. The Police has replied that they cannot remove them from our house forcibly.
It is quite surprsing to know that my father cannot remove a disowned son and family from his property and has to face this torture everyday. Can you please advise what we can do in this case?
Many thanks and Rgds.
2 Answers from Attorneys
you can file a criminal case against you brother and his wife of criminal trespass. contact for further assistance
what is the status of the property self acquired or joint family property? if joint family property then same needs to be partitioned and one of the co sharers cannot be evicted.
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