Legal Question in Civil Litigation in India

Hello Law professionals,

My elder brother demanded the self earned property of my mother. And he beats her and threatened to kill her. She has no other way but to sign wherever he was asking to sign. This has happened about 1.5 yrs back. My elder brother also transferred about 12 lakh to my mothers name at the time of registration of the property.

Myslef and my mother didn�t talk for the last 4 yrs. recently she fell in sick and I started speaking to her. I came to know this incident that forcefully my brother acquired the property by attacking her and threatened to kill her.

My mother is 59 year old illiterate.

-Can we get a STAY at the property through court. If yes, what I should do

-And can I file a FIR for his brutal attack and threat made to my mom. Will this FIR helps to support the civil case on PROPERTY STAY.

-Under what sections and grounds I can raise this case.


Asked on 2/22/10, 5:09 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Yes, you may file a criminal case against your brother ; and also a civil suit challenging transfer since it was made under "coercion and duress". The civil suit should be followed by criminal case/FIR.

You may need to engage a local lawyer for pursuing your remedies.

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Answered on 2/22/10, 5:26 am
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Dear Madam,

If any body, without free consent of minds, using undue influence as reveald by you, that becomes unlawfull contractual obligations, and not binds under the Indian Contract Act 1872. Hence your at option of filing a civil suit to cancell any such undue contracts executed in the sub-registrar office, and you have the time limitations of 3 years ( three years) to get cancell of such undue influenced transactions from mere date of knowledge to you.

And with respect of self acquired property as you reveald shall absolutely becomes stridhan under Hindu Law of practice, "if mere practice applicable for you ?", that should becomes priority options to claim of female heirs rather than male heirs.

yes, you can stright way lodge a police complaint with respective jurisdiction of your place taking the words of your mother. And if your mother still in the custody of your brother you can file writ of "haebaus corpus" (have the body). at high court of your state., i.e., to get the release from the unwanted custody of your brother.

Thank you,

Kind Regards. Sanjay K. Dixit, Advocate,

Davanagere - 577 002..

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Answered on 2/22/10, 6:39 am


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