• Suit for Partition

Hello,
 My Step brother has been constantly beating, harrasing and torturing me, threatening me to get out of the property of my father and who is nothing but a Goon with Criminal Intentions. He wants to kill me so as he can acquire whole of my fathers property. He is not even a legally adopted Son of my father as claims to have major share in my Fathers Property. I want Justice so please help me.
Asked 1 year ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

Lawyers are available now to answer your questions.

18 Answers

First you can file criminal case against him "attempt to kill" etc.

 

And later on ask him to prove in the court if he is not legally son of your father. than go for partition suit.

Ganesh Kadam
Advocate, Pune
12193 Answers
151 Consultations

4.9 on 5.0

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

 

2) seek injunction restraining sale of property 

 

3) file poluce complaint of criminal intimidation against Step brother 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

File FIR of voluntarily causing hurt and criminal intimidation to kill if property not given to him. Since he is not legally adopted, have no share in the property.

File civil suit in court to direct him to vacate the property if police dose not cooperate. Ad file FIR through court.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

A suit for permanent injunction and a declaratory suit should be filed in the district court. Also a criminal complaint against him must also be filed before a magistrate in the district court.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Threatening, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5546 Answers
25 Consultations

5.0 on 5.0

Hello!

1. File a Complaint before the Magistrate against your brother for causing hurt and criminal intimidation for causing death. In such case police might not record your FIR because these are non cognizable cases. In order make a case before the Magistrate, collect some evidence against your adopted brother. 

2. File a suit for declaration and permanent injunction against him if you can prove that he is not a legally adopted son. 

3. If you are acknowledging that he is your brother, then file a suit for partition of property. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

Dear Sir,

You are suggested to file the criminal as well as civil case against the said step brother.

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

1. You should immediately lodge a complaint of assault and threat to life in local Police station.

2. Unless FIT is registered and police takes any action this illegal act is not going to stop.

3. If there is no proof of adoption then file a civil suit for declaration as well to oust him from inheriting property of your father.

4. There are many remedies available as per the law of the land for which you will have to rise and raise your voice.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
363 Consultations

5.0 on 5.0

You need to issue notice seeking partition of property to your step brother.

Followed by filing suit for partition and allotment of one share to you.

You can also file police complaint against your step brother for criminal intimidation.

S Srinivasa Prasad
Advocate, Hyderabad
2877 Answers
9 Consultations

5.0 on 5.0

- As per law, your step brother cannot get any share in your fathers property , specially when he is not having any legal proof with him.

- If he is creating trouble for you, then you should lodge a complaint before the higher police official and thereby ask for protection .

- If no response from the police official , then lodge a complaint before the magistrate .

- Further, you should fie a Suit for Mandatory & Permanent Injunction for restrain him from trespassing in your property and removing him from you property. 

- Further, if he not your legal brother , then why you want a partition of the property left by your father. Let him proof in the above said suit firstly , that he is a legal step son of your father .

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

You should file for suit for injunction and partition before the civil court.

with your claim for partition you should also file an application of stay, of not disturbing and interfering in your peaceful possession in the property.

Nirmit Srivastav
Advocate, Lucknow
60 Answers

5.0 on 5.0

1. See firstly for beating harassment you may register a police complaint and register FIR. Secondly in case your father is no more and their is no will you may file suit for partition and seek stay on property pending the suit.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

File a suit for partition and police complaint against him for beating you

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

If he is torturing you then you may lodge a criminal complaint with the police.

If the police is not taking any steps to protect your life  from him then you may approach the city's top police officer with a similar complaint with a request to intervene and direct the concerned police to initiate proper action against the culprit.

If there is no fruitful result for this effort also, then you may approach judicial magistrate court with a petition under section 156(3) cr.p.c. seeking direction to concerned police to initiate proper legal action against him as pr law based on your complaint pending with them.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

You can seek injunction against your brother to not to evict you by filing partition suit against him

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

1. Go to the police station and lodge a FIR against him under Sections 506 and 323 IPC for causing hurt and criminal intimidation.

2. During your lifetime your father is free to transfer/bequeath his properties to anyone he desires.

Ashish Davessar
Advocate, Jaipur
30745 Answers
913 Consultations

5.0 on 5.0

you can file police complaint against him. 

if legally he is not adopted then step son dont have rights in your father property . 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

1. Lodge FIR against him for criminal intimidation and physical assault.

2. Go for medico legal examination new time he beats you and tell doctor that you are injured because of beating by your step brother. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer