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 �.???


Asked on 2/23/10, 3:41 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You are thinking in right direction. Go ahead. Good luck.!

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Answered on 2/23/10, 6:34 am
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Madam,

Better consult with an Advocate, if you already done so, carry on with his words, OK ?

"Any how, asked whether that you do not possessed any proofs regarding same for, to avail court stay , now where's your mother exactly, under whom's custody is the question ?, if your mother is in the custody of your brother, then you can put writ of Haebaes Corpus (means have the body) in your respective High Court in order get the righful, safe custody of your mother first".

Thank You,

KInd Regards. Sanjay K. Dixit, Advocate,

Davanagere - 577 002

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Answered on 2/24/10, 10:50 pm


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