• My brother is misrepresenting facts with regard to mothers house

My brother was disowned legally in 2002 by my father n he also tuk rs 2 lacs frm my father that time. But he again started visiting us n got his passport made on my fathers house address. My father expired in 2014 and now my brother has registered a company on my fathers house address witout askg my mother this is a self acquired property by my dad. .y brother has also got his wife's licence made on our address altho shes never lived here. Legally what can i do to stop him
Asked 8 years ago in Property Law
Religion: Hindu

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15 Answers

1. Since your father was the owner of the house and if he did not leave any Will then on his death his proeprty including this house devolves upon his legal heirs which include you, your brother,your mother , your sister,if any.

2. So your brother have equal share in the house along with you ,

3. in that event if he uses the address of the same house for his documentary purposes you can stop him from doing so.

4. resolve the dispute amicably and make an amicable deed of partition to divide the proeprty amongst yourselves.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

It is perfectly alright to menton the same as their permanent address.To ake a permanent address it is not mandatory to stay there permanently.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

No,that property ahs no value.

The nomination in society of you as sole owner does not relinquish the 1/3rd share of your brother.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

On demise of father your mother ,you and your siblings are the legal heirs

2) you cannot stop your brother from using said address for his passport , wife Licence as this is his permanent address

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

You have stated your brother gave his claim on said house

Is it registered relinquishment deed executed by brother

Please clarify

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

Passport and company office documents would show that this is your brother permanent address

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

The problem is your father died intestate

2) unless your brother executed regd relinquishment deed he would ha e equal share in the property

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

Nominee is only trustee for legal heirs

2) your brother would have share in property and can file suit for partition to claim his share in property

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

Once registered relinquishment deed has been executed your brother has no share in property

2) file suit and obtain injunction restraining him from disturbing your possession of the house

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

My brother was disowned legally in 2002 by my father n he also tuk rs 2 lacs frm my father that time. But he again started visiting us n got his passport made on my fathers house address. My father expired in 2014 and now my brother has registered a company on my fathers house address witout askg my mother this is a self acquired property by my dad. .y brother has also got his wife's licence made on our address altho shes never lived here. Legally what can i do to stop him

There is no provision in law to disown the relationship between the relatives, therefore it is incorrect to say that your brother was disowned legally by your father.

The father son relationship cannot be bought by money.

There is nothing wrong in he using your house address as permanent address for passport or any other purpose.

In fact he has equal rights in the properties left behind by yor father who is reported to have died intestate.

You cannot legally stop him from using the house address for his permanent address purpose.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

How can i secure myself and my mother from him and his wife making claims on this property? Can i get an ex party injuction i am. In possession of documents he signed in 2002 where he gave up claim to our present house

The disclaimer given by him the year 2002 is not enforceable in law.

You cannot ask him to deprive his rights in the property on the basis of the said letter.

This property belonged to your father, therefore he has equal rights in the property to that you and your mother.

Remember that he is one among the legal heirs of your deceased father.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

Based on his passport containing our address n registering his company on our address can he gv us trouble in future?

He is creating an evidence to prove that he is under joint and constructive possession of the property for a future partition suit. It cannot be stopped by you since he has an equal right in the property.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

He n his wife have nvr resided here after thr marriage so how can they gv our address as thr permanent address in official documents n wht legal options do i hv if he starts staying here without our permission?

It is his father's property and not yours. Hence he has legitimate rights in the property to that of other legal heirs/successors of his father.

His wife being his legally wedded wife can claim this as her matrimonial home hence she can very well give this address as permanent address.

In fact he need not seek your permission to live in the joint property because as on date the property is not partitioned and he is the co-sharer in the property, hence you have no rights to deny him permission.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

But he had taken money from my father n signed papers to gv up ths property dont those papers hold any value now? Also my father has stated in our society membership form that i am his 100% wt regard to this flat n my father had signed this so even then can he force me to sell this flat n gv him his share??

Your father cannot buy the relationship nor can disown the father son natural relationship by giving some amount to him.

It is legally not valid.

Whatever you have obtained in writing from him cannot be legally enforceable in law or court.

Whatever your father told to the society orally cannot become law. he should have executed a settlements deed in yor favor if he had a real intention behind such transfer.

In the absence of any such registered settlement deed in your favor you cannot claim title to the entire property, you are entitled to an equal share in the property at par with your mother and the brother as one among the legal heirs of your deceased father

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

I wd also like to mention that he has a violent dispostion and had hit me twice but i did not report it to the police that time.

What prevented you to not to report to police about this? You should have taken action at that time itself, now you cannot do anything about it.

If he starts staying in our house without our consent can me or my mom get him removed frm the house?

Legally you cannot do anything about it except to make a complaint against him if he indulges in such arrogant and violent acts with the police.

N yes it is a registered relinquishment deed i hv the disclaimer deed signed by him in front of 2 witnesses an indemnity bond signed by him n all this was done through a lawyer

The registered disclaimer deed will have no effect in law.

This is intestate succession.

Your father did not transfer the property to your name during his lifetime.

The law of intestate succession will operate and he is entitled to a rightful share in the property left behind by your father upon his intestate death.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

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