• Crooked plays of brothers to get out their own sister from home

Respected Sir, I'm the eldest daughter of my parents. I'm married and living away from them. I have 2 bros. My father died intestate a few months ago. He was a retired officer in an autonomous institution. He had bank deposits including fixed deposits. Our home and properties are registered in his name alone. He has to receive his retirement benefits such as EPF, Gratuity etc which was pending due to certain issues. We are Hindus. As per succession act, my father's legal heirs are my mother, me and my 2 bros. My mother is a govt employee. She is a psychiatric patient and was under medication for more than 10 years. She was on leave till last year as she can't concentrate on her works. She is a lazy-type too. So are my bros. They are lazy. Not even bath daily or do their own daily routines. My elder bro is the crooked one. He started his professional degree 10 years ago & hasn't passed yet. All he wants is to sleep, eat, sitting all the time inside room with mobile ph, to ridicule people above his status etc. My mother joined service last year as insisted by my father to take VRS. My mom can be easily manipulated and can be exploited by crooked people. So my father was staying with her. My bro is very jealous of me. I have good academic qualifications and i work. Friends and relatives honour me not him. Whenever our friends or relatives find illegal activities about him they inform me. I inform these to my father. All these added to his jealousy. After my fathers death my eldest bro is brain washed my mom n younger bro who is very immature. My eldest bro is using my mothers salary accounts and bank accounts. My mother neither know how to use it nor interested to do it by her own. She is satisfied by his activities. Regarding fathers bank deposits, my mother is his nominee and my bro said only the nominee can use it (which means he can operate it fully even if my mother is nominee) and there is no right for legal heirs. I was trying to save my fathers deposits by telling them to start a joint bank act in the name of we four heirs. Now he wants my mom to give some money to me when she opt VRS and want to get out me from that home. He says I'm a married women. No need to give me more money. I wanted a copy of my fathers death certificate n all legal documents. But he objected. He kept all these inside an almara n take key everytime he goes out. This is with my mothers permission. When I asked my mother about this she Said u can check ur fathers documents after one years death ceremony which is not logical. I was really insulted n mentally hurt. I don't kno how many bank acts he had? What he owns, His epf status, etc. I'm helpless. My bro wish to have control in all the money my parents possess. He wants to live without hard working.. He is very crooked and cruel. These things are effecting me mentally n physically. I'm hurt. No place for emotions in my home. What matters is Money only!! Please help to overcome this pathetic situation. Thank you.
Asked 7 years ago in Property Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

8 Answers

1) on father demise your mother , your elder brother , you and your younger brother are the legal heirs

2) you have equal one fourth share in deceased father movable and immovable properties

3)married daughter has equal share in father self acquired properties

4) enclose father death certificate

5) you would get LA in 6 months if there is no contest

Ajay Sethi
Advocate, Mumbai
97695 Answers
7909 Consultations

nominee is trustee for legal heirs

2) you can issue legal notice to mother , brother to furnish you details of properties standing in deceased father name and death certificate issued of father

3) you have equal rights to use father car

Ajay Sethi
Advocate, Mumbai
97695 Answers
7909 Consultations

you have done well in life due to your hard work

2) whereas your brother is not working and has no source of income .

3) hence he wants lion share in property standing in deceased father name

4) your mother is full aware that you can earn your own living and can take care of your self

5) she is more concerned with her son future as he is not working

Ajay Sethi
Advocate, Mumbai
97695 Answers
7909 Consultations

all legal heirs have equal share in property standing in name of deceased father

it is immaterial whether you are eldest or youngest of the siblings

Ajay Sethi
Advocate, Mumbai
97695 Answers
7909 Consultations

You hav a legal right in yor father's property for yor legitimate share in it.

Your brother or your mother cannot refuse your share not only in the property but also out of his bank account monies.

Your mother may be a nominee to the bank account, but as a legal heir you can claim a share from the money left behind by your father.

You cannot claim a rights in your father's terminal benefits during your mother's lifetime.

you can file a partition suit for your legitimate share out of the property left behind by yor father.

T Kalaiselvan
Advocate, Vellore
87893 Answers
2367 Consultations

Is my bro doing criminal activity? He is suppressing me emotionally. How can I restrict my mother legally so that my bro cant influence her? How can I know about my fathers documents? Do I have the right to see those documents as my bros do? Is it illegal if they want to get me out from the home? Is it illegal if they don't let me to use my fathers car if I'm at home? Is it illegal if they transfer the money to nominee alone? I cant suffer this mental torcher anymore.

Your brother cannot legally restrain you from getting a share or utilising your father's monies lying various banks

He cannot restrict your mother from giving away or share in the property or a share from the money claimed from bank.

You can also use your father's car because you have a right in that also.

You can file a partition suit and also can ask him to produce the property documents before court by filing a petition in this regard in the court of law.

T Kalaiselvan
Advocate, Vellore
87893 Answers
2367 Consultations

dont even write supplementary exams now. Very irresponsible, lazy, crooked and cruel. My marriage was carried out as simple at a temple. There was no wedding hall or extravagance. My husband never asked dowry. But on my wedding day my parents gifted me some jewellery to wear.. My eldest bro is 29 years old.

Why are mentioning the above details in separate post because whatever it may be, you may always avail the option of seeking your share in the property left behind by your father.

T Kalaiselvan
Advocate, Vellore
87893 Answers
2367 Consultations

There's is a clarification. Both brothers are younger than me. I meant 'eldest one among my bros'

Whether you are the youngest or elder to your brothers, you are entitled to a legitimate share in the property left behind by your father.

T Kalaiselvan
Advocate, Vellore
87893 Answers
2367 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer