• Jobless and uneducated 30 years boy wants share

30 yrs boy jobless and 8th std drop, his deaf father expired two yrs back and was worked in PSU. his deaf mother and younger sister aged 17. He want share from his father money which is transfered full to mother. He is drunkard and not interested to work any. He want money for luxury. they have owned house under father name. He is not interested to marry. He often quarrel with mother and sister. He demanded daily atleast Rs.100/- from mother. He is look like rowdy. He dont like mother and vice versa. I am deaf and guardian to them. I am educated and working in same PSU. only sms or email for communication. Please help me how to solve it. My friends said dont give money to him. let him suffer but he is threaten mother and sister if not give money.
Asked 1 month ago in Property Law from kolar, Karnataka
Religion: Hindu

file police complaint against brother for criminal intimidation under section 506 of IPC if he thretens you and mother 

 

2) file DV case seek protection order against him 

Ajay Sethi
Advocate, Mumbai
61328 Answers
3722 Consultations

5.0 on 5.0

See as legal heir of father as there is no will the boy shall has share in the movable and immovable property of father that cannot be denied to him he can file a suit for partition in the civil court to get his share,

Shubham Jhajharia
Advocate, Ahmedabad
15323 Answers
63 Consultations

5.0 on 5.0

Dear Client,

To your horror, after father`s death, all three will inherit 1/3rd share in total assets of father. Well, he can claim through court but haves no money, so can`t do anything. If next time he quarrels with mother, call the police.

Yogendra Singh Rajawat
Advocate, Jaipur
9806 Answers
8 Consultations

4.6 on 5.0

he can't get share from the self acquired property of his father.  He can only request and not a  matter of right

Prashant Nayak
Advocate, Mumbai
8314 Answers
11 Consultations

4.8 on 5.0

If he harassing his mother and sister, they should approach Police and float a complaint against this boy. 

Under no circumstances he has the liberty of manhandling her sister and mother. If he wants his share, he should prefer a suit in the District Court and not create ruckus at home

Vibhanshu Srivastava
Advocate, New Delhi
8222 Answers
118 Consultations

5.0 on 5.0

he have right in the father's property being class 1 legal heir, however, you can make a police complaint against him for causing mental and domestic harassment 

 

 

Suneel Moudgil
Advocate, Panipat
649 Answers
1 Consultation

4.3 on 5.0

If he is torturing them then they can lodge a criminal complaint agaisnt him with the police.

Legally speaking he is entitled to a legitimate share out of his father's property if his father was reported to have died intestate.

But his tortures on daily basis demanding money for his luxurious life cannot be tolerated  hence his mother can divide the property and give him his share, let him do whatever he likes, after that they should not allow him to come to them for anything.

They can file a suit for partition and injunction against him if he is not agreeing for an amicable partition.

 

T Kalaiselvan
Advocate, Vellore
51451 Answers
612 Consultations

5.0 on 5.0

Hi, it is advisable that her mother should give a formal complaint with the police if he threatens next time 

Hemant Chaudhary
Advocate, Gurgaon
4144 Answers
24 Consultations

4.9 on 5.0

What ever is his mental status he is entitled to share in the property.

He can get it legally.

Vimlesh Prasad Mishra
Advocate, Lucknow
4900 Answers
12 Consultations

4.9 on 5.0

You can file police complaint of harassment and threatening against your son and also you can file Domestic violence .  As a legal Heir he can claim share his share try settle dispute amicably and give him his share and execute release deed. 

Mohammed Mujeeb
Advocate, Hyderabad
7081 Answers
3 Consultations

4.5 on 5.0

Ask him to approach civil court. Lodge private complaint against him if police do not register case against him. Get injunction order against him in a civil court.

Kishan Dutt Kalaskar
Advocate, Bengaluru www.kishanretiredjudge.com
3970 Answers
92 Consultations

5.0 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like harassment & intimidation, against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
1813 Answers
10 Consultations

5.0 on 5.0

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