Legal Question in Civil Litigation in India

Hello Honorable Law Consultants,

My blood brother had overpowered my mother and possessed her House without her will. It is a self earned property. In a fear, she had to write the property in his name. She was in a mental trauma and shock for more than a year. She is a sick, old, illiterate person. My brother was smart enough to transfer 12 lakh rupees in my mother�s bank account at the time of registration. The government value of the property is 32 lakhs and the market rate is around 1.1 crore rupees.

The issue happened between the son and mother. And it came to light to another son recently..

I have plans to do the following:

1) Lodge a FIR for his attack on the old sick mother

2) File a Civil case to apply for STAY on the self earned property (1 yr back the property was transferred in my brother�s name)

a) Also planning to claim compensation for the physical and mental torture made and for the litigation expenses.

b) As a moral ethics the financially sound son (brother) has to take care of the mothers expenses.

� Are the above points correct�?

� When we can approach the court to get the STAY on the property, what is the �prima facie� required. Since, we don�t have any photo, video, voice recording or any other proofs ..??

� Can we still quote any other thing as evidence �.???

2 Answers from Attorneys

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