• Can anyone invade my ancestral property?

For the past I and my family living in a house which is my late mother . I have paid the municipal taxes for the past 50 years and took care of mother and father who were penny less . Through out this 50 years I maintained this house and spend considerable amount of money when I moved in 2004 . I do have a brother who is the equal beneficiary of that property .  I have been living in this property for the last 12 years , now my brother wants to move in into this house without consulting me . He do have his own property and never invested a single penny for the maintainnace of house or our parents . 

I want my brother to get his fair share of the property but he wants to force fully get into the premises and want to destroy my peace and tranquility . I am an 73 year old man with little resources . I want my brother to take the possession of his plot after legal settlement . But he insists he would move into this house and will proceed with the division of the property . But form the reliable sources I came to know he want to create ruckus with his family and want give this house to the promoter .

My questions is can my brother forcefully get into the rooms where me and my family are currently residing ? Do I have any legal option to prevent that from happening ?  I do fear for my life , please help me !
Asked 3 years ago in Property Law from Kolkata, West Bengal
Religion: Hindu
your brother has right in the anc estral property after demise of your father. But he has no right to take it forcefully.

You should file civil suit for temporary injunction and partition of property. contact a lawyer and proceed further.

By the temporary injunction, your brother can't alienate this property without prior permission of the court. It is necessary for the protection of your property. Partition shall be made on the basis of hindu succession act.   
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

1. Well , since he has share in the property he can try to exert force.
2. Hence you have to file a suit for partition and injunction against forcible ouster from the joint property.
3. This would give you legal right thwart his such attempts.
4. Against criminal offence you can lodge complaint with police.
Devajyoti Barman
Advocate, Kolkata
13180 Answers
175 Consultations

5.0 on 5.0

1) on your mother demise you and your brother are the only legal heirs of house standing in your mother name 

2) your brother had equal right to stay in  said house 

3) you cannot restrain your brother from  entering in said house 

4) it is in your interest to enter into deed of fiamily settlement and have amicable division of house with your brother rather than have a long legal battle ahead 

Ajay Sethi
Advocate, Mumbai
46877 Answers
2772 Consultations

5.0 on 5.0

First of all you should remember that your brother and other legal heirs of your deceased mother are entitled to an equal share in the property left intestate behind by her.
Assuming that you and your brother are the only legal heirs to our mother, do you think  he cannot claim rights for equal share in your mother's property?
If you have invested money in renovating the old building, it is for your convenience and  comfortable  stay in it that you have spent money on it, did  you take the consent of your brother then?
Though you say that you spent money on its renovation you had enjoyed the fruits of it  so far hence it is not a loss for you.  Legally you cannot claim  compensation for this.
He cannot forcefully evict you and sell it off to somebody even he is selling his share in it, he can approach court for partition of the property and  only after proper partition by court that he will be able to sell his share in the property. 
If  your brother indulges in any undesirable activity to dispossess you from the property, you may file an injunction suit against him to restrain  him from doing so and he may be instructed to file a suit for partition by observing due process of law. This will be the only relief available to you. 
T Kalaiselvan
Advocate, Vellore
37039 Answers
403 Consultations

5.0 on 5.0

1. According to you the property is owned by your late mother. 

2. If your mother died without making a will all her children have succeeded equally to it.

3. Your brother has the right to stay in the property and then apply for its division. The fact that you have maintained the property for 50 years and been staying since 2004 does not curtail his rights.

4. If he attempts to give the house to a promoter or overthrows you from that part of the house where you and your family are residing you may immediately go to court to seek a stay order against him. 
Ashish Davessar
Advocate, Jaipur
23176 Answers
641 Consultations

5.0 on 5.0

1. Your brother has the equal right to stay in his paternal/maternal house in which you are currently staying,

2. Your paying for the maintenance or looking after your parents do not deprive him his share of the said property nor does it give you an exclusive right to stay there,

3. If he creates any ruckus after entering into the said house, you can deal with that seperately and lodge police complaint,

4. You should file a partition suit if he is not willing to execute any settlement agreement or partition deed,

5. It will be prudent on your part to settle the matter amicably with him,

6. He can not give your share of the property to the promoter without your consent.
Krishna Kishore Ganguly
Advocate, Kolkata
18806 Answers
454 Consultations

5.0 on 5.0

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