• Need help regarding family property dispute

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.
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

File a criminal case against him. 

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94714 Answers
7530 Consultations

5.0 on 5.0

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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

File a police complaint against him for misbehaving with sisters, 

Continue with that partition suit 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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. 

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

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. 

T Kalaiselvan
Advocate, Vellore
84915 Answers
2195 Consultations

5.0 on 5.0

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

Prashant Nayak
Advocate, Mumbai
31949 Answers
179 Consultations

4.1 on 5.0

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.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Hello,

  1. To keep him in his limits, your sisters must file a police complaint for harassment along with your father who is ailing and old now.
  2. Your father can give away his self acquired property to any one of his choice. Therefore, to ideally keep the brother at bay, your father must transfer the house and the land adjoining it to you or either of the sisters as you deem best.
  3. All of you have equal rights in the ancestral property and therefore in fact the partition suit will only take care of those properties.

S J Mathew
Advocate, Mumbai
3547 Answers
175 Consultations

5.0 on 5.0

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. 

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

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

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Client

  • You are requested to collect evidence and witness against your brother and can file a FIR for harassment under section 294 of the IPC.
  • Further, you can also file a case against your brother for getting Restraining Order so that he is prohibited from meeting his father and sisters.
  • In India, a restraining order is issued in form of an injunction, which is a judicial remedy that mandates a person to do or refrain from doing something. Section 94, 95 and Order 39 of the Code of Civil Procedure, 1908 lay down the procedure of granting the injunction, along with Section 36- 42 of the Specific Relief Act, 1963.

  • See if it is possible for your parents to disown your elder brother in writing. If that can be done, then please do that by getting an affidavit prepared and then getting it notarised. Subsequently get it published in newspapers (English, Hindi and Oriya as you are based in Odisha). Keep the copy of this newspaper with yourself and file an Interim Application in your already pending Partition Suit stating that your parents have disowned your elder brother so now he has no say in their properties. If possible, also get your parents statement recorded in the court. Since your father is bed-ridden so get this done by way of videoconferencing for which you have to deposit some administrative fees already decided as per the court rule in the court and it will be done. I am sure once you can get this done then you will be out of this trouble. As from thereon, you can bring case of Trespass and other criminal cases as well in against him if he does not mend his ways.
  • Also file a case under section 39 of the CrPC which is known as Informatory Application with all the relevant proof in against your brother’s harassment stating that he may bring false criminal cases in against you all for fulfilling his illegal wishes. Good thing about this case is that you do not have to serve notice to the opposite party so he will never get to know as to whether any case was pending against him or not or whether any order has been passed in that matter against him or not. Besides since its just a one hearing case (unless the judge is on leave or he adjourns the matter for some reason for the next date of hearing) so you do not have to waste months and years also in getting an order from the court in these sorts of cases.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

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. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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