Why don`t file police complaint agasint him of criminal intimidation. Police will prohibit him. No actual arrest of case. Still he violates prohibition order or continues threat, Proper FIR will lodge.
My father died inestate but us children know he didn't want his old wife to suffer or move out of his self acquired property. Till couple of years back my mother who is now 85 was agile n lucid n would tell my brother off whenever he would talk of share in the property but presently coz of bit of dementia n old age she is passive n inactive. My brother is taking advantage of this n harassing me I'm married n I take care of my elderly mom but he keeps sending smses or abusing me over phone cz he wants his share in property but doesn't say anything in front of mom how can I deal wt him he has sent threatening emails n hit me twice in the past
He visits us late at night on pretext of meeting my mom n drinks n in past has caused a ruckus n hit me too if I'm not at home (I'm married n at times I'm wt my husband's family) he abuses me saying he will break the lock etc n swears at me. Because of his violent behavior my father had disowned him in 2002 n I still possess the disclaimer deed. Can I get a restraining order against him cz in reality he's only bothered Abt share in property not my mom pls advice n help
Why don`t file police complaint agasint him of criminal intimidation. Police will prohibit him. No actual arrest of case. Still he violates prohibition order or continues threat, Proper FIR will lodge.
As your brother has been sending you threatening emails regularly and has also raised his hand on you, you should file a complaint with the police against him.
Also, he would have an equal share in the property of your father as you and your mother but that doesn't mean he can verbally or physically abuse you.
Alternatively, you can can file a suit for injunction against him in civil Court in order to restrain him from contacting you in any manner whatsoever.
I hv asked him politely to inform me before he visits our mother but he never does that n harasses me saying he will go to court. I've bin taking care of my old mom single handedly for past 5 years he had demanded 2 lacs from my father in 2002 n had destroyed our house items in his violent outburst that's y my father disowned him. Pls help me
1( install CCTV cameras in the house
2) if your brother assault you video recordings will help you in lodging police complaint
3) record his threats
4) file police complaint of criminal intimidation under section 506 of IPC
There is no provision of disowning a person in India. Your father could have executed a will in favour of the other legal heirs if he didn't want to give his son any share in his property after his death.
In absence of any will, he would be deemed as the class 1 legal heir of your father after his death.
But, his actions of physically abusing you are illegal and action can be taken against him for it.
Well, no document executed by father to disown him. Any public notification or just verbal comment. You just complaint to police, than his visit will hold for ever.
The documents wherein your father disowned him as well other evidences which would prove his cruel behaviour would help you in getting a restraining order against him. Also, try to procure documentary evidence against him if he visits again and tries to repeat his acts.
On the basis of the threatening e-mail you may lodge a FIR against him for criminal intimidation.
Regards
When your father had already disowned your brother in 2002, your brother has no right, title, interest in the property.
You have prima facie a good case. You along with your mother file a suit for declaration to the effect that you both are the owners in possession of the property and your brother has no right, title and interest in the suit property and for mandatory injunction restraining your brother from entering in the suit property.
Secondly, you can get a RD registered in your favour from your mother for her share. Thereafter, you can yourself file the suit for permanent & mandatory injunction only restraining him from entering the suit property till the final adjudication of the case or permanently.
Thereafter, in case he files any suit against you, you can contest it forcefully.
You can go against him under domestic violence act or through your mother under senior citizens Act and can restrict his entry in that house. You can take other action as per the IPC provisions
If his acts are not tolerable you may either issue a legal notice to him asking him to refrain from such activities or give a complaint with the police so that he can be controlled to some extent.
If he is asking for his share in the property then why dont you people settle the issue amicably instead of stretching the issue to a legal dispute.
As suggested earlier, you may take steps to bring him under control by giving a police complaint without which he may not realise.
If he is becoming violent after consumption of alcoholic drinks then it will be a safety issue to you and to your mother.
You can decide about getting the property partitioned by allotting him his legitimate share in the property.
You will not get any relief if you keep repeating the same incidents until you take some legal steps to curb this menace.
So it is better you take the advice of a local advocate and proceed as suggested.
Hi,
You are suggested to file police complaints against him apart from other actions for threatening and abusing you. If no action taken by Court, please file case in court asking to direct police for appropriate action.
Dear Client
You either you should file a police complaint against your brother for harassing you for property and hiting you.
Or you can file a case of domestic violence against your Brother from which you can get protection order and restrain order against your brother and if you want compensation then you can also claim monetary relief.
And one more option is Senior Citizen act which your mother can file to restrain your brother from entering the house or come near by