• Property dispute among brothers

We have one house which is in name of my father and he is still alive .and we r three brothers .big brother stays in house with family and do not support them still my father supporting them. me and other brother and parents want to make him leave house without giving them anything..is there any way we can make him leave as he is not ready to go. or he has any right in this property. we r afraid to fail case because we don't know he has right in house or not or he can file case against us that we r making him go...
Asked 7 years ago in Property Law
Religion: Hindu

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16 Answers

He has no right in the property as your father is owner of the property father can file eviction suit.snd can take injunction.against brother and his family from.the civil.court.

Further if father is senior.citizen above.60 he can file under senior citizen welfare act.in tribunal for speedy remedy to evict brother.

Also the father can give gift or make.will of property to anyone he wishes to brother has no.right on property.

He has only right when father dies intestate without will. In life father can give property to anyone he wishes to.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

During your father lifetime neither you nor your siblings have any share in his self acquired property

2) your father can seek court orders to direct brother to vacate portion of house on his possession

3) seek permanent injunction restraining brother from disturbing his possession of the property

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

1. if the property is owned by your father the the same would be considered as his self acquired property.

2. In the case of self acquired asset the person alone would be treated as its sole owner and hence has exclusive right to deal with the property in the manner he wants.

3. SO if he wish to give this property to any of his son or to keep any of them in the property , the other sons have no say in it nor they can oppose it legally.

So leave your father alone to take a final decision on this.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

Father has every right to give his property as he likes. In your case father can give his property to one son by ignoring other son .The transfer may be through sale Deed, gift Deed or will. The sale Deed and gift Deed must be registered with the concerned authorities whereas a WILL may be either registered or unregistered.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

If the party is acquired by your father from his income then he has all the authority to hold, dispose , gift or sell as per his choice and any one can not live in his house without his wish.

He may take the help of police to evict him.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

He has no right in this property, as long as your father is alive.

Your father is free to ask him to vacate his property.

Your father may ask to vacate.

He derives a right in this property along with you and your brother incase your father dies intestate.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

If the property is self acquired by your father then your brother has no right in it till such time your father is alive. Your father has all the right to remove him from the property.

I would suggest you appoint a competent local lawyer and approach the courts at the earliest.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

Dear Client,

No children have any right in father`s self acquired property, Either file police FIR or complain to SDM under Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Definite eviction.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

In the house property which belongs to your father, during his lifetime nobody is entitled to any share in it as a right.

If your father is ordering everyone to leave the house, you all have no choice than to leave the house.

This law is applicable to all, hence you may decide what to do next.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

your father can give brother one month time to vacate the premises

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Minimum time period depends on you. Court case might take years.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

You can ask them to instantly vacate the house, If case will file, court will ordered eviction in few days or month or shorter.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

1. your father is owner of property

2. till the time your father is alive, his children do not have any right on his property

3. if father wishes he can ask the brother and his family to leave the father's house

4. if they do not leave then father lodge a police complaint

5. the legal heirs i.e. 3 sons will get a right in father's property on after demise of father and not before

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

Sir under the welfare and maintenance tribunal speedy remedy exists and on application the authrioty take steps immediately further through a notice a 15 days period can be given to leave the premises,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can give them 7 days time to leave the place.

The court case may run for more than two years.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

This is my response to you:

1. Since it is your father's self-acquired property you cannot evict your brother;

2. After your father, all the legal heirs become owners of the property;

3. Thereafter you can file a suit for partition.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

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