Legal Question in Civil Rights Law in India

Re: this is regarding our property

Answer for your 1st question:- Your brothers have no right to hide the will. If they truly have that such will they should show.

Answer for your 2nd question:- She can approach the court of law praying for a permanent injunction not to disturb her peaceful possession.

Answer for your 3rd question:- First your mother can give a police complaint against your brother mentioning that your brothers are beating your mother and also they are disturbing her peaceful possession.

Secondly your mother can file a private complaint against your brother mentioning that your brothers are beating your mother in the criminal court of law.

Thirdly your mother can file an emergent injunction suit against your brother in the civil court of law praying for a permanent injunction not to disturb her peaceful possession.

Fourthly your mother can file a caveat petition against your brother in the civil court of law praying for a not to order any permanent injunction against her.

If your mother follows the above said procedures then she will remedy.

Re: this is regarding our property

1) If your mother is legitimate wife of your father, then at the least, keeping the will aside, she would have right to maintainance. ie. she can not only be in the house but also can share income from your father bequatheal for her livings. Even you too will have right of inhertance from your father property.

2) Now considering the will, if there are no provision for your mothers maintainance in the will or nothing as has been beqeathed to her the will, then such will can be challenged in court - such being fradulent and shrouded with suspecision circumstances, and even application can be made in court for maintainance of her by your brothers.

3) If your brothers are hidding the will then - Police complaint can be made against them and even an application for the same can be filed against them.

Re: this is regarding our property

Madam,

For a proper reply to all you questions, some more facts are required.

However, with the details provided by you, answer to your questions is as under :

1. Your brothers do not have any right to hide a Will. An undisclosed will is nothing but a waste piece of paper. One possible reason for which they are hiding the will may be that it contains certain benifits in favour of your mother.

2. The rights of your mother in the property would be restricted to those given by your father in his will, if proved.

3.From the facts given by you, I presume that the property owned by your father is self acquired and earned by him only. Possible legal action for you and your mother could be to file a civil suit seeking your respective shares in fathers property and also seek permanent injunction against your half brothers.

Here I would also like to clarify that you also have a share in the property of your father as his daughter, even if from his second wife.

Nagrath Law Office