Let your brother file suit for partition for division of property by metes and bounds 

2) no need to sell the property 

3) record his abuses 

4) file police complaint fir criminal intimidation under section 506 of IPC 

No need to bow dusk to pressure tactics 

file poluce complaint against him under section 504, 506 of IPC 

You three siblings file a suit for declaration to the effect that you are the owner of the property  against your brother as he is already signed off and took money and issued disclaimer deed. And also suit for permanent injunction restraining him to interfere and create third party interest. And obtain a stay from the court.  There after on getting stay, he still threats, file a complaint with the Police based on the stay.  Once the suit is decreed in your favor, his claim would be dismissed for ever.

Dear Concern,

Please note - 

01. First among all file a Criminal Complaint in the concerned court of your area under Section 39 of the CrPC stating that you and your family is being harassed by your brother, has been abused and attacked several times and you are afraid that you and your family may face any untoward situation in future. Attach all the emails and other proof which you have with yourself to prove your claim in this petition. You don't need to approach police for registering this case of yours. An advocate would be all which you will require. 

Vide this complaint you will be able to safeguard yourself from all sort of false criminal complaints which he may bring in against you. Good thing is, the notice of this complaint will not go to your brother so in any case he will not be able to plan something in against this.

02. Then once this complaint is at its place file a police complaint under section 499 (criminal defamation), 504 (Intentional insult with intent to provoke breach of trust), 506 (criminal intimidation) before the local police station of yours. Take the receiving of the complaint made. If they do not take it in person and gives you the receiving in person then get it done by the way of speedpost. 

Then send the similar complaint to DCP office of your area attaching the complaint copy and its tracking report (if mailed by courier/ speedpost) to the complaint. Send this complaint also by way of speedpost/ courier.

Keep a gap of minimum 10 days in between the complaint made before Police Station and before DCP office.  

Then come before the court under section 200 and 202 of the CrPC seeking the registration of criminal complaint in against your brother. At this time, attach the complaint copy mailed to Police Station and DCP, attach the tracking report and then also attach the criminal copy of Section 39 along with the orders passed thereto if any. 

I believe this much would be enough to bring your brother on line. Otherwise

03. File a civil suit of partition parting away 01/04th share of the property which he owns. That will bring an end to this entire dispute as by this application he will get what he legally deserves and will shut up for his entire life. 

Do all the activities one after the other ie take step 01 first then step 02 and then step 03 if he still damage your life and reputation. 

Hire a good advocate as that will help you to a great extent. He or she will charge you for all the above activities and related court cases but he or she will help you to come out of this mess. 

My best wishes to you. 

If at all he is quarreling over the issue and insists on a share in the property either he may go to court seeking partition or you can approach court for partition and separate possession of your legitimate share in the property with an application for interim injunction against him to not to interfere in your possession and enjoyment of the property till the disposal of the main suit.You can consult an advocate in the local and file a suit as suggested.

He cannot ask for entire property or seek more than his legitimate share in the property.

If he is continuously troubling or torturing then a criminal complaint with the local police may be submitted so that he can be brought under control.

He cannot ask for entire property or seek more than his legitimate share in the property.

If he is continuously troubling or torturing then a criminal complaint with the local police may be submitted so that he can be brought under control.

Right of first purchase is of co owner. You can get stay from court, if he sells the outsider and without partition, outsider cannot take possession of dwelling house.

Why don`t you file FIR of criminal intimidation, YOU have good proof - e mails, messages etc, Police will warn him and still he continue than will be arrested.

Just file FIR, will come in a line in single day.

1)The unregistered relinquishment deed or settlement is not valid in law and cannot be contested in court. If it is registered then same you can challenge.

2)You can file Complaint against him for threatening and abusing .

Dear Sir/Madam,

You can launch a police complaint in this regard to safegaurd your rights and if the same are not addressed, file a suit for injunction.

You can settle the matter by paying him his share. Both will have possession rights in their respective shares. You need to approach court with appropriate injunction order

See your brother for his share can file a partition suit before the court, see it is not practically possible to divide the flat he can pray before the court to auction and divide proceeds so yes he may pray before court legally to sale the flat. 

See for intimidation and abuse a complaint with police or with women cell of police station can be filed. Though for property he has right to ask his share. 

1. No your brother cannot take forcible possession of flat if you own major share of flat. 

2. He can't even force you to sell the flat. 

3. If he use abusive language and threatens you Then you can lodge FIR against your brother for criminal intimidation.

Dear querist, 

In this situation the proper recourse for you is to file a partition suit but there are other ways if he is reacting in this manner. proper criminal action can be taken against him. First of all, your share in the property can not be touched, it is yours. Apart from that if you have got the relinquishment deed in your favour from your sisters then accordingly he is left with 1/4th share. I would advise you to contact me and explain the situation first so that a better legal recourse can be figured out for you. 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

DELHI HIGH COURT

If he relinquished his share then how can he demand again?if you have proof then he can di nothing. If you don't then give him money in lieu of the share.

You should file a case of criminal intimidation and seek injunction from the court so that he cannot visit the property.

Also file a declaratory suit and his relinquishment deed must also be filed so that the flat is transferred in your brother's name.