File a criminal case against him.
Hi, My father is a retd. Govt employee, he has some ancestral property and he also purchased some lands in the heart of Bhubaneswar 30 years back. He lives in that land in a house, with his 2 daughters ( one married & divorced and the other unmarried) and his wife. The married daughter has a 6 yr old kid who also lives in the same house. I am the youngest kid who lives outside India and an eldest son who lives in Bhubaneswar with his in-laws since 8 years. My father has purchased the land, built the house with his own money and effort without any help from my brother. My brother got married 1 year after the house was built and brother & his wife couldn't live in our family home because my sister-in-law wanted the house & land on my brother's name right after they got married. My father didn't want to give the whole land to my brother and he never accepted their proposal even after they asking so many times. After 2 years brother and sister-in-law left our family home and started living with sister-in-law's parents. Now my father is bed-ridden, mother is not doing well and both my sisters take care of them & the house matters. My father has a made a will that after him the property will be divided into 5 parts. But my brother has been troubling my sisters every single day by creating fights in the family home by visiting the house, instigating them and threatening them by different means. He doesnt help in any of the house matter, but keeps doing cheap issues like asking someone to leak air from my sister's scooty, not letting way into the house gate, bad-mouthing us in front of all relatives etc. We are so troubled that we filed a partition suit against him in Odisha court as well, he doesn't respect law & order, does not care what we ask him to do. He continues to misbehave with my sisters every alternate day. What can be done to stop him? What should we do to make sure he stays in his boundary and show some level of respect to his father & sisters.
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Your parents and sisters can file civil suit seek restraint order restraining brother from disturbing their possession of house , contacting them in any manner
in alternative your parents can obtain orders from senior citizen tribunal
your father should change his will and disinherit your brother as on your priest demise he would make life of sisters miserable
In this scenario a suit for permanent injunction can be filed against him in the competent civil court to restrain him from entering the house or even communicating directly or indirectly with family members.
Dear Sir,
You are suggested to file the police complaint (criminal case) mentioning all his cheap and other activities of harassment. He will be booked under acts of IPC and others and then he may not be able to do anything.
1. Yes first file a case of domestic violence against your brother and his wife by your sister or mother.
2. Then whenever your brother disturbs thrm ask them to lodge complaint with local police.
3. Do nof worry as if the Will is validity executed by your father it would be given effect after his demise.
4. Don't open the door when next time your brother visits the house.
The affected people can seek the help of law.
Your sisters can lodge a criminal complaint against him with the local police station for his threats and tortures.
Your father can give a complaint before senior citizen welfare tribunal seeking direction to restrain him from indulging in such illegal activities and from interfering in your father's possession and enjoyment of his property.
You also can issue a legal notice to your brother in this regard on behalf of your father and sisters.
You can seek restraining orders from the court on the basis of above Nuisance. Even the lady members can approach domestic violence court for evicting him
Dear Querist
Respect to father and sisters can not be ordered by the court but the court may issue an injunction other against him and his other relatives including his wife to not to disturb your sisters pr any other family members of you. File an injunction suit against him before the Civil Judge/District Judge and try to get a temporary injunction order and if after the order of the Court he doing illegal act again, then file a contempt petition under Order XXXIX Rule 2A of CPC.
apart from the above, your sisters may file a criminal complaint against him before the police.
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Hello,
Complain to police. Warning will isuse, still he repeats will land in jail. Police will prohibit him to enter in the house.
Also tell father to amend the WILL and disown him completely.
Dear Sir/Madam,
- As share the case is under trial at Court then no need to worry, you can complain to the Court wth application of O39R1&2 to restrain him from entering the property in issue and also to your sister place.
- Do have the recording in place to submit with court and also simultaneously file the complaint with local police station having jurisdiction of your area.
- Can feel free to consult to have second opinion on your matter with all details of cases.
Regards
Vivek Arya
The property is your father's property not an ancestral property. Therefore you cannot file a partition suit. File a criminal complaint against him through your sisters.
If the police does not respond then file a complaint before a magistrate.
as regard to the harassment from your brother you can file a complaint against him in the police station and you can also file a PCR against your brother in the court. First of all you must be aware that the Will come into force only after the life time of the testator.Next, this property was your father's self acquired property, he has full rights to dispose it in the manner and method as per his own will and wish and to any one of his own choice. But for claiming the right over the ancestral property , your brother have to file a partition suit against your father and other member who have the right over the property. Once the court orders the partition with metes and bound , he will get share.
Dear Client
1. Your sisters shoulf lodge FIR against your brother for criminal intimidation and defamation.
2. Only a criminal case against him should teach him a lesson and if possible your sisters should write name of your sister in law in the FIR that brother is threatening them due to abetment by sister in law.