violence against aged parents
Query: In my family i have my father, mother, wife, son, brother and sister in law. My father bought one 2bhk flat in uttam Nagar through his hard earned money and taking loans. He is a govt employee. Relation between my mother and sister in law is not good since marriage. Now after 7 years, my brother has started demanding a share in property. Property currently values around 32 lacs and he is demanding 20 out of it. He is forcing us to sell this flat at this rates and give him his share on immediate basis as he is not willing to live with parents. He is beating up my mother and father on many occasions and they are currently living in a world of fear in their own house. I am not living with them currently since the flat is small and three couples cannot be compensated in it so I am living nearby to them in a rented accommodation. My sister in law is also saying that she has a share in this property and she'll take it legally. While my brother says that he'll kill our parents and go to jail and after releasing he'll get everything. Please help me and provide legal assistance what to do. I want to safeguard my aged parents as I am in office for whole day and thinking all the time that they may hurt them. They are forcing my parents to leave this house and shift to some rental accommodation. Kindly help me with your best advise before any thing happen to them. Regards
The first step here would be to lodge FIR at the nearest police station where your parents reside. You can file a complaint against your brother and sister-in-law for different offences mentioned under the Indian Penal Code like 'Voluntary causing Hurt'(Section 321) or 'Voluntary causing Hurt to extort Property(Section 327). The Police will be able to help you to formulate charges agianst them. In addition to this you can also file a complaint against your brother and his wife on behalf of your mother under the Protection of Women f from Domestic Violence Act, 2005. The facts shared by you can be covered as an act of domestic violence under Section 3 of the Act.
The property in question is a property bought by your father fromhis own money as per you, therefore if he is Hindu, then it is his self-acquired property. Make sure that the property is still in your father's name and he has not transferred the property to your brother yet. If the property is stillowned by your father then he has the right to decide the future ownership of the property after his death. Your father has the complete right to make a will where your brother gets no share in the property. You can advise your father to make a will for the property which is properly registered, stamped and signed by two witnesses. You should currently focus on protecting your paretns parents first and not the property which will anyway stay with the legal owner i.e. your father.
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