Legal Question in Family Law in India
My name is Reena and I live in the UK. My grandfather passed away 2 years ago and my uncle forcefully took my mum (UK citizen) and grandmothers (Nasik) signatures after the funeral so that he could take the house (they do not know if they signed a power of attorney or signed the house over to him). Since then he has not been looking after her and she recently had a stroke. They do not feed her or take her to the hospitaland she is unable to look after herself. They also mentally abuse her and they have taken the money that my grandfather left for her and deposited it into their own account. They are also threatening to throw her out of the house and told her that they will break her arms and legs if she will not go or if she tries to see my other uncle or my mother.
I understand that they can be taken to court under the Maintenance and Welfare Of Parents and Senior Citizens Act,2007. I am prepared to do this on her behalf and she will give me power of attorney to do so but I need some help finding out how I go about doing this. Can we revoke a power of attorney?
Please could you let me know if you help with these types of cases so that I can start proceedings as soon as possible as I do not want to sit and watch whilst she is treated in such a bad way. I have tried to ring mygrandmother several times but they pick up the phone and do not say anything and then hang up on us so we cannot even check on her to see if she is ok or not.
How do I start the process off and what kind of lawyer do I need?
Also is there any way I can check the title deed for my grandmothers house to see if she is still titled as the owner (would this prove that my uncle only has power of attorney if she is listed as the owner)?
I am having a very hard time getting a lawyer in Nasik to contact me - probably as I am in the UK. Any help would be appreciated.
3 Answers from Attorneys
You can google for a Nasik Lawyer to conduct case in courts / police stations.
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you can raise your voice against the harassment of elderly for property but for that the legal representation has to be done in a proper manner. you can help her getting maintenance by filing a complaint u/s 125 of criminal procedure code and also she can file a complaint under domestic violence act and in that complaint, she can move an application for saving her property as well.
You need to file a suit for declaration and partition. However, the proceedings may take long without any real fruits coming in near future. the delay and expense may frustrate your efforts. Therefore, you should first try for some family settlement and take your mother's share.
In law your mother is entitled to an equal share in her father's property.
An outside lawyer may be engaged to pursue your case but that may be very costly.
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