Man, 65, sues 91-year-old father, brothers for evicting him out of family house

A 65-year-old man has opted to battle his 91-year-old father and two siblings in court after he was thrown out of their family house.

Raj Bhatti, in his case filed before High Court judge Weldon Korir, claimed that his two brothers - Dhruv Bhatti and Mohan Bhatti - influenced their father Jagdish Ram Singh to evict him from the house in Lavington, Nairobi.

In his constitutional case, Raj says he has lived in the contested family home since 1973 and that he was shown the door on January 6.

Mentally well

Raj claims his father is not mentally well, and that sometimes the old man forgets what he does or says. Raj accuses his brothers of influencing and bullying the old man to have him evicted from the home he grew up in.

He says his brothers barred him from attending their father’s 91st birthday on January 19. The court heard that being blocked from attending the fete caused Raj, a father of one, untold mental and psychological suffering.

“I have nowhere else to live in Nairobi and as a man of 65 years, I need to be reinstated to the suit property to safeguard the well-being of my father, for the preservation of my own health and where I have a one-third share of the beneficial interest and or equitable interest in the suit property,” Raj said in his court documents filed by lawyer Erick Onyango.

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During the case’s mention, Dhruv and Mohan denied claims by their brother. They urged the judge to order that their father be assessed by a medical doctor to show he was of sound mind.

The 91-year-old was present and urged the judge to allow him to address the court. Justice Korir allowed him to take the witness stand and asked him his name, profession in his youth life, where he lives and age. 

Jagdish responded to each of the questions without a struggle. He said he was a businessman, but had retired, adding that he lived in Lavington and was aged 91. He added that he was almost 92-years-old.

After the questions, the judge allowed him and his two sons to file their opposition to the case, saying it was raising weighty issues.

In the case, Raj, who said he was a quantity surveyor, told the court he was appalled and embarrassed when his brothers left his car and personal effects at a temple.

“On January 16, 2020, the respondents deposited my car and possessions at the temple where I frequent daily, thereby degrading me before my fellow worshipers. Accordingly, the worshipers have become aware of the fact that I have been locked out of my childhood home,” Raj claimed.

He added: “I have resided in the suit property since it was acquired by my father and it became my matrimonial home also after I married.”

The vehicle belonged to his father. Raj said he refurbished it to be used by the entire family.

The court heard that it was Raj’s father who called him on phone to inform him that his belongings would be deposited at the Hindu worship place.

According to the man, his siblings are resentful that he had purchased a part of a building owned by their father in India for Sh18 million. He accuses his brothers of disrespecting the patriarch, shouting at him, adding that Mohan had harassed his wife and son.

Scared of son

He claims when his father threw him out, he (father) intimated to him that he was scared of Raj’s brother Mohan, as he (father) also risked being thrown out and sent to his daughter Shakuntalal Gehrot.

“I have come to realise that since my purchase of Jodhpur Building, the bullying, intimidation and manipulation of my father has been aimed at transferring the wealth of my father. In effect, the respondents (brothers) have turned my father into a guest in his own home,” he added.

Raj, in his case, preempted the reason why he was kicked out, saying he had never caused trouble in the neighbourhood. 

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Raj BhattiHigh Court judge Weldon KorirJagdish Ram SinghFamily House