• Ownership issues

Two brothers, Elder brother has re-built the whole house. Younger is still trying to stand on his feet to earn better.

One common day, elder brother comes out and says this is my laptop, this is my TV, this is my fridge, this is my sofa, this is my Car. Stop using it. Without reasons.
And threatens and fights over it, without sharing any proper reasons.

What should a Younger brother do, as he is afraid of touching anything in his own house now?
Asked 4 years ago in Intellectual Property

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23 Answers

See if the ownership of products are with parents they are absolute owner in case of their demise the younger brother can ask for his share through court. Though in case the immovable property is acquired by elder brother on his on then he can restrict younger brother from using it 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

File suit for partition for division of house by metes and bounds 

 

2) seek an injunction restraining brother  from selling the house 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

It depends on who bought the products, AND as far as property is concerned the ownership details has to be considered. If the house is parental then all have equal share in the same.

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

Whose house is re-built by elder brother a self owned property or father's property or ancestral property.

 

If its self owned property by elder brother it self than younger brother don't have any rights on his property.

 

If its inherited property from father or ancestral than younger brother has equal rights in the property like elder brother has.  because no one has told to elder brother to rebuilt whole house for all. he who has wish to built so he build it.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Send a legal notice first and than file a partition suit for getting the property divided. 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

- If the two brothers got the said house after the death of father , then legally both of them having a right to claim over the whole house , even rebuilt the same. 

- Further, if the two brother purchase the property jointly and rebuilt the same , then also both the brother having equal share into the whole property. 

- Hence, if elder brother forbids the younger brother for using etc, then the younger brother should file a partition suit for getting his share . 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

Whose property it is?

If it was their father and he is reported to have died intestate then ther property shall devolve equally on all his legal heirs.

Therefore if the elder brother re-constructed the house by demolishing the old house, then did he obtain consent or permission from other legal heirs?

If not then the elder brother cannot claim the ownership of property in entirety.

If the properties he restricts the younger brother to touch or use belongs to him then the younger brother cannot claim any right over it.

You may revert with more details.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. Who is the owner of the house?

2. Building the whole house does not create title. Title originates from the sale deed.

3. If the property is owned by the parents and they have died without making a will then younger brother can file a suit for partition to cull out his share in the property.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If it is the property of your parents, your brother Can't diprive you from your legal right, you can file a suit before the appropriate court and can claim your right in the property.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir,

The best thing would be to partition of the property. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Its a matter of mutual faith & understanding and should be resolved amicably, otherwise, the last option is litigation, which according to me  should be avoided.

Rajinder Goyal
Advocate, Chandigarh
111 Answers
1 Consultation

5.0 on 5.0

You can ask first him to go with partition of the property. If does not listen verbally than you can file a partition suit for ancestral property. So later all picture will be clear to you and all.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

You cannot be restrained from staying in the house as it is ancestral property 

 

you have equal share in property 

 

you can file poluce complaint against your brother under section 504 of IPC for acts endangering peace 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

If the brother is abusing or intimidating then in that case you can lodge a police complaint against the brother.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The younger brother cannot stop the elder brother from preventing the younger brother using his items/goods.

The younger brother cannot treat the elder brother's restrictions to use his goods by others as disturbance or harassment.

The elder brother is admittedly the owner of the goods, hence he can always pass such dictates.

However the elder brother having re-built the house without anyone's consent cannot ownership of the entire property, he can come for compromise and amicable settlement of the dispute instead of quarreling over it.

The younger brother has the following options:

 To file a partition suit and claim for his legitimate share out of his father;s share of property as one of the legal heirs to his deceased father  with separate possession by filing a partition suit in the civil court and in that he may file an application seeking temporary injunction agaisnt his brother restraining  him from encumbering the property in any manner or from alienating the same.

 

Secondly, if at all the elder brother indulges in physical assault or any other illegal activities against the younger brother, he may report the matter to the local police station in the form of a crimninal complaint seeking protection as well as proper legal action as per law.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. On what basis do you call the property ancestral?

2. If elder brother disturbs the right to live peacefully the remedy is to file a suit for permanent injunction.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The only way out is to seek partition and live separately. No injunction can be granted by court for day to day mental disturbance restrian.

Rajinder Goyal
Advocate, Chandigarh
111 Answers
1 Consultation

5.0 on 5.0

Partition suit is only remedy in the said circumstances. You need you file the same before civil court

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

- If elder brother is trying to disturb peace , then younger should lodge a complaint before the police for the same. and can also file a suit for permanent injunction restrain him for creating problem in the peaceful possession. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

1. Younger brother can claim his share from immovable property that is house through partition.

2. He legally cannot claim to use the movable assets purchased by elder brother.

3. He can lodge complaint against him with police but police can only warn elder brother for not disturbing your peace.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

It can be done only by police complaint.  But that will ruine the relationship more....so try socially.....try indulging some responsible society members 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

you can file a police complaint against him,if police refusing to register complsint then you can file a private Complaint to Magistrate.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir,

The case of nuisance will be better for refraining elder brother from disturbing mental peace of the brother. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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