• My brother is harassing me and my mother

My father has a self acquired property in Delhi he expired intestate few years back we are 3 sisters and 1 brother. My brother says he n his wife have more right than either me or my mom to live in the said property. Can you pls advise also due to his ill behavior my father had disowned him few years back by giving him money getting disclaimer deed signed by him. Pls let me know what are my rights
Asked 4 years ago in Property Law
Religion: Hindu

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25 Answers

Class 1 legal Heirs of your father would have equal rights in the property if he had died intestate. You and your siblings would have equal right in the property even if your father has disowned as there is no legal provision for disowning someone in India.

You can get a partition done, if you do not want to put up with your brother.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Mam all the children including daughters and son and mother has equal share in the property. File a partition suit for partition by meats and bounds and possession of property. Further along with a stay application so he doesnot illegally create any right over it.

Further partition suit has to be filed before the civil court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File for a succession certificate and prove that disclaimer deed in the same case.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

If harrasment is there a FIR can be logged against him better to file for parition of the property

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You cannot take any action against your brother as he also is a part owner of the property but his wife does not have any share in your father's property.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

No he cannot forcefully shift into your property but that depends on the legal strategy employed. by You. His wife has no rights whatsoever .Further you should take a proper office consultation .

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

She he is co-owner he can live in property but he cannot stop you from.enterting so you the court along partition decides your share or sell property distribute share then he cannot take your share. His wife has no right in dad's property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You and your mother also have an option of filing a police complaint against your brother for the offence of criminal intimidation under section 503 of the Indian Penal Code in order to restrain him from disturbing you or possession of your property in any manner.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

On demise of father you hav one fifth share in property

2) in other words all legal heirs have equal share in property

3) since your father died intestate your brother can claim his share in property

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Refuse to execute relinquishment deed

Your mother should refuse to give NOC

Once he is owner of the house he would not take care of your mother

4) mother can obtain protection order against her son by filing DV case

5) in alternative approach senior citizen tribunal for reliefs

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Your sister in law has only right to stay in the matrimonial home with your brother as your father died intestate

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

1)The property of an intestate shall be divided among the heirs in class I, Widow, Son, daughter and mother of intestate.

2)The surviving sons and daughters widow and the mother of the intestate shall each take one share.

3) You may seek help of mediation where the said son may come for settlement. DV act is very wide and strong your mother can file DV against your brother.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hi, it is advisable to file a civil suit in court for declaration and partition in court to claim your share in the property .. Also register a police complaint as he is using physical and criminal force against you and your mother

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

After the demise of your father, this property has devolved equally in 5 parts, one each to you and your two sisters, your brother and your mother.

Your brother is only having 1/5th share and he cannot coerce neither your mother nor you and your sisters for a NOC to claim the entire house or a bigger part over and above the others.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If he misbehaves, inform the Police and take their help.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. brother only has 1/5th share in the property

2. brother's wife has no right or share in the property

3. the balance 4/5th share belongs to mother and 3 daughters equally

4. he cannot force your mother or the sisters to release their right

5. however if he wants he can buy the shares of mother and sisters by paying them market value of that share and thus become full owner

6. your mother can complain against your brother to the senior citizens tribunal if she is a senior citizen

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

After the death of your father intestate, you, your mother and 2 sisters and your brother have equal right, I mean 1/5th share each. You have 1/5th share and similarly your mother, sisters and brother have 1/5th share each. In case your bother had already been disowned and there is a Disclaimer deed, the copy of the same is to be seen/and a case for declaration and permanent injunction is to be filed by you, yourself or with the help of your sisters and mother against your brother. If the property is not free hold, a letter to DDA/L&DO (as the case may be) should be given to them for not substituting the name of your brother without your consent. It is a good case to fight. Engage a local lawyer and contest it forcefully.

Dalip Singh
Advocate, New Delhi
1039 Answers
36 Consultations

5.0 on 5.0

You can bring about a suit for partition along with documents attached that he has been disowned from the property.Also file a police complaint.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

All of you having equal right on father 's property

(Brother,sisters and mother)

You can file partition suit to get your share

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

His wife have no right on your father's property, he cannot shift forcefully, if he do then you can lodge FIR against him

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

1. In the self acquired property of a Hindu male who dies intestate his Class 1 heirs have an equal share. The share of daughters is at par with that of sons and widow. You and your mother has a 1/5th share each in the property which you can cull out by filing a suit for partition in the civil court.

2. It is not clear as to why your father got a 'disclaimer deed' executed by your brother when the latter had no share in the property in the first place. The deed has to be perused to ascertain what rights and liabilities it has created.

3. You and your mother should file a suit for partition to cull out your share in the property.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

you can claim your share through court. Do not relinquishment deed.

If he forceful acquires possession over property then you can take action against hi, for such forceful possession.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Your father's property shall devolve equally on all his legal heirs.

This property can be divided equally and all the five heirs shall be entitled to one such share.

Your brother cannot deny your share.

You can file a partition suit and claim separate possession of your share.

T Kalaiselvan
Advocate, Vellore
78072 Answers
1543 Consultations

5.0 on 5.0

She can file an injunction suit restraining him from alienating the property in any manner and also can also lodge criminal complaint with police for harassment and violent activities.

T Kalaiselvan
Advocate, Vellore
78072 Answers
1543 Consultations

5.0 on 5.0

You are also a share holder hence you can also file an injunction suit against him.

His wife has no rights in the property.

T Kalaiselvan
Advocate, Vellore
78072 Answers
1543 Consultations

5.0 on 5.0

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