• Separation from my brother

Hi,
To cut it very short, my younger brother is not a good person and has bad relationship with his wife. She is staying back with her parents now and she could trigger a legal action against him. 
Me & my family, my elder brother & his family and my old dad do not want to get into all this now, after supporting the best we could do for him.
I want to ask what is the correct procedure to cut off the relationship with him and stay away from any legal hustle.
Regards,
Deepak Singh
Asked 4 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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11 Answers

Dear Client,

Disown him and get it published in news paper. That due to his irresponsible behavior, all family has disconnected ties with him.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) your parents should file suit seek injunction restraining your brother and his wife from disturbing their possession of the house

2) they can also issue public notice disowning your brother

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

Ask your father to throw out your brother out of home on papers and from his property for not being a good child and caring one till his divorce is over.

After divorce tell your father to revoke it and bring him back home on papers stating he is a changed man for good now.

As your brother gets an FIR from police, ask him to set up his boss and ask his boss to throw him out of office, if he has no income, and bankrupt he doesnt have to pay maintenance and blame ur sister in law because of FIR brother not getting job. Ask your brother to remove all his cash to your mothers account by mode of cash transaction and also get his name removed from properties if any.

Tell your father to silently pay him cash outside home for that time period.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

This will done by public notice in newspaper.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

hence seek court restraining him from disturbing your possession of house

if you obtain court orders you would have peace in the family

your father can bequeath him house by will

Ajay Sethi
Advocate, Mumbai
87939 Answers
6207 Consultations

5.0 on 5.0

Iv you all want peace for the time process best idea informed

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

There is no concept of disowning a son in Indian legal system. ...

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

There is no law per se to disown a family member. Alternatively, what you can do is put it out in a couple of major newspapers that the family has disowned him and has nothing to do with him. Also, you may want to reach out to the wife's family and make your position clear.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

Even if you throw out your brother that does not prevent his wife lodge a complaint in the police against you and your family including the parents but yes nkc is living separately from the family this might save you all legal action by his wife but this is not sure in case anything happens you can go to High Court and get the FIR quashing under section 482 CRPC

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You cannot avoid the legal action which she may propose to initiate against all of you.

There if no provision in law to discard the blood relations.

You may have to wait for her and watch the developments, even though you may send your brother out of your house fearing this action.

.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

All we need is a cover against any issue arising out of disputes he is having with his wife/in laws. We do not need anything from him, just peace for everyone in the family.

You canot avoid her or prevent her from initiating criminal complaints against your entire family whether you live with your brother or not.

When there is a call from police you may better obtain AB and then attend the enquiry session.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

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