Legal Question in Real Estate Law in India

Dear Sir,
Please help me in the following issue.
Problem - My Father and Mother living in my hometown in MP while I am working in Delhi. My elder brother who was living separately with his family in our old home in my hometown till the last year. My father has given a backside hall to him and his family to live in about one and half years ago without any rent. Now he refused to vacate the same and instead abusing my parents to go out from the entire house and live on rent somewhere. He also tells that I do not care and my parents have died for me etc he and his wife abuse them on daily basis and their life become hell now.
Now my question is -
Can my father go to the court to vacate the house or is there any other way?
Can my elder brother claim for any rights as per law (if any) though my parents are not willing to give him anything and want to vacate the house immediately ?
My mother is the owner of this house.
Kindly help me as me and my parents are in a big tension for this as we are not sure for his rights against parents' wish.
I would be thankful to you and appreciate your advice.
Thanks !

Asked on 12/21/11, 10:13 am

2 Answers from Attorneys

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Yes, you parents have right to go to the court and your Mother can file the petition under section 12 of domestic violence Act and your mother can struck out your brother from the premises through court by filling civil suit as well. And your brother has no right in the said property if it belongs to your mother, and your parents can also claim maintenance from his son if they are not working and your parents can claim rent from your brother..

Answered on 1/04/12, 4:12 am

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