• Restraining order

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
Asked 6 years ago in Property Law
Religion: Hindu

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19 Answers

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

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 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can obtain restraining order against your brother 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

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.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

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.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

  1. First of all, file a police complaint against him for criminal intimidation and hurt. 
  2. Both you brothers have equal share, but there's no question of selling off the flat, at least till your Mom is alive. Welcome your brother to stay with his family in the common flat as dwellers place. 
  3. If he's still adamant, let him move court. How's he going to prove his sole ownership?? I'm prepared to defend your and your mom's interests in court in any Civil suit filed by your brother

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

On the basis of the threatening e-mail you may lodge a FIR against him for criminal intimidation.


Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes you may get the restraining order from the court for the same. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

As advised above, you may go ahead and lodge a complaint against him at the earliest.

 Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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. 

 

 

 

 

 

 

 

 

 

 

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

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

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been harassed by him and seeking immediate intervention of court.
  2. Though he might have a share in the property as your father died intestate, but it doesn’t mean that he would sell his portion or whole property as the interest of the old lady would also be taken into consideration.
  3. Yes, you can file a case in PS seeking protection from his entrance and also ask him to go before the court of law, if he need his share.
  4. Your right will always be taken care off as you are he one who has been there for that old lady who happens to be his mother also.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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