My cousin brother (aged-62 years) has acquired/inherited agricultural & residential properties jointly in the name of one brother & two sisters in revenue records after death of his father who died in 2009 without execution of any will. My cousin brother has 03 sons and 01 daughter (married). His sons are abusing,threatening with dire consequences & harassing him as well as his wife regularly. All the income from agricultural land & rental incomes from residential properties (for his 1/4th share) is being appropriated by the 3 sons between themselves without any amount being given to him or his wife. My brother want to know the legal remedies including police remedy available for him so that his 3 sons stop abusing, threatening and give financial support from to him & wife.How he can disallow legally his 3 sons from their any legal rights over the agricultural & residential properties owned jointly with one brother & two sisters.
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1) your cousin 3 sons and daughter have no share in agricultural and residential properties inherited by your cousin from his father
2) your cousin can file application before maintenance to senior citizens Tribunal and seek maintenance of Rs 10,000 per month from his 3 sons
3) seek orders to direct his children to vacate portion of house in their possession
4) also seek permanent injunction restraining the children from disturbing his possession
How my cousin brother by way of will or other testimony disposition or any other legal instrument can disallow his share to be inherited/distributed to none of his 3 sons or daughter so that they cannot get/claim any legal rights from these properties (agricultural & residential) in future?
cousin brother can execute will bequeathing his one fourth share to his wife only
2) he can also execute gift deed during his lifetime if he so desires transferring property in favour of his wife
3) gift deed should be stamped and registered
The share of property of your cousin in the jointly held property shall be his own and absolute property.
He need give any share to his sons or daughters even under any pressure.
If your cousin decides to give away his property to a third person also, it is valid and his children or anyone cannot question his authority to do so.
Your cousin can file a mandatory injunction suit agaisnt his sons seeking to restrain them from interfering in his possession and enjoyment of his property in any manner.
Consult a local advocate and initiate steps in this regard immediately.
If his sons indulge in any violent act or illegal activities agaisnt your cousin, he may lodge a criminal complaint agaisnt them with the police.
How my cousin brother by way of will or other testimony disposition or any other legal instrument can disallow his share to be inherited/distributed to none of his 3 sons or daughter so that they cannot get/claim any legal rights from these properties (agricultural & residential) in future?
He can bequeath his share of property to anyone of his choice other than his own children by a will of testament and transfer his property by such a testamentary disposition. This will may be registered with the local registrar's office.
The properties may be bequeathed to any third person too, there is no lgal infirmity in it but he can mention the reason that why he has not allotted any share to any of his children in the same will.
This will make sure that his children do not get any share in his property even after his lifetime.