• Violent/abusive brother living with parents disrupts household peace, parents unable to complain

Hello,

I live and work in the UK, and my family (father, mother and younger brother) live back home in India (Lucknow). Both my parents are senior citizens and brother is 30. About a decade ago, due to mental health issues, my parents brought him back home from Delhi (where he was studying). While he's now cured and has continued his education in Lucknow, he is neither working, nor is making any serious efforts to find profession. I am the only bread-winner in our household, so I pay for his sustenance too. Nevertheless, my good parents, have continued to support him financially and let him live with them. Over the past 3-5 years, there have been repeated instances of my brother verbally and physically abusing my parents, both and at home and in public places. He gets violent and threatens them physical harm. This abuse is now affecting my parents' peaceful life, and my thankless brother often directs this abuse to me too (on phone). Often, he doesn't let my parents speak to me on the phone too, which makes it difficult for me to stay in touch with them.

My brother has also been involved in fraud online (through social media) and every time he creates a mess, it falls upon us to steer him out of it. I have asked my parents to lodge a police complaint against his abuses and general behavior, but I'm repeatedly told this won't solve the problem. But it does seem my brother needs to move out and live elsewhere, so my parents can live in peace. My question is:

1. Do I have any options for serving him a legal / authoritative warning against misbehavior/physical abuse? My parents aren't ready to initiate this, but this is clearly affecting all of us now. They fear it my brother may become more violent.

2. Given my brother's fraudulent/gullible activities online (involving financial aspects), there is a considerable risk to my parents' safety as long as he lives with them but continues to engage with such elements.

3. In long term, how can I reduce any liability of my brother's actions on me?

I am happy to pay for legal advice, but will appreciate any guidance on how to proceed with tackling this issue. Thanks.
Asked 3 months ago in Family Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

7 Answers

1. You can very well take legal action by issuing a legal notice, how long you can wait for him to amend himself or to become alright hence take an action immediately.

2. You can move out your parents out of his sight and not to allow them to live with him anymore due to his character and unruly behavior.

3.  there is no liability on you if you decide to discard him and disown the responsibility, you may have to take a decision about it.

T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

You can lodge a complaint against him with the police.

He is involved in illegal activities online and hence a complaint can be lodged against him in the local police station sttaing his oast misdeeds and they will take suitable action.

You should break all contact with him and this should be publicly proclaimed through a lical newspaper wherein you may clearly state that you have no business with him and anyone dealing with him is solely responsible for any harm and ypu shouldn't be approached.

 


Its possible that he is still suffering from a borderline personality disorder and hasn't recovered yet from his mental illness.

Rahul Mishra
Advocate, Lucknow
12674 Answers
32 Consultations

5.0 on 5.0

You can issue legal notice to your brother 

 

2) consult a psychiatrist 

 

3) your brother needs treatment for his mental illness 

 

4) you are not staying in same house . Not liable for your brother actions 

Ajay Sethi
Advocate, Mumbai
82706 Answers
5254 Consultations

5.0 on 5.0

  1. As parents are unwilling to take police help, let them file an application seeking amount of maintenance from him under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The application has to be file before Maintenance Tribunal. The Tribunal will order him pay a certain amount of maintenance and if fails he will be arrested and put in to prison for the as long he fails to pay the arrear of maintenance. This will have salutary effect on him. He is bound to share the expenses of maintenance of parents. After receiving any notice he will get annoyed and may cause harm to them, better to file direct application for maintenance.
  2. He may commit any fraud and make parents liable. An application for maintenance can save them from such liability. Any such liability by his victim can recovered by attaching and selling family property to the extent of his share in the ancestral property if there is any.
  3. There is no sure way of avoiding his civil liability incurred by him but it can be reduced by issuing a public notice declaring that parents are not liable for his illegal acts. Parents are not liable for his criminal acts.
  4. Happy or sad, you have to pay for what you take, cannot expect free lunch.

Ravi Shinde
Advocate, Hyderabad
1011 Answers
8 Consultations

5.0 on 5.0

Hello Sir/ Madam

I have gone through the contents of your query in which you seek advice herein. I would like to advise you to move an appropriate legal proceeding against your brother who has made the life of your parent hell.

There is the law by invoking the relevant provision your parent can get huge relief from your brother who constantly, misconduct and rude behavior, abused your parents.

Please courage your parent to initiate a legal proceeding before the Sub Divisional Magistrate. I mean ask them to file a petition before the Sub-divisional Magistrate by invoking sections 5 and 6 to read with rule 23 of maintenance and welfare of parents and senior citizens act 2007, upon presenting the petition the concerned court will issue notice and will throughout your brother from your parent's life. They will get peaceful life in their old age. Secondly, your mother can also file a case Under section 12 of the Domestic Violation act, 2005 against your brother inter alia stating entre fact and circumstances or her ordeal. 

Thirdly, made a newspaper published in the gazetted news paper disown your brother from all their immovable and moveable properties and file the said intimation in the concerned court as well as in the Police Station. As you stated he is also involved in online fraud, therefore it is necessary to disinherit him from all the corner, otherwise, your parents in the future will be in great difficulty.

Any other legal help you can email me or contact at [deleted]

Regards

G.L.Soni

Advocate

G. L. Soni
Advocate, New Delhi
77 Answers
3 Consultations

5.0 on 5.0

Dear sir,

yes, you can send him a legal notice or file an FIR against him.

yes, the safety of the parents is at risk.

You can register a complaint to the nearby police station that if anything goes wrong to the parents by the brother, he will be liable to be punished and he will be solely responsible for it.

Since this is a serious issue, we require to deal with it every minute details to provide you best assistance.

 

 

Anik Miu
Advocate, Bangalore
1528 Answers
18 Consultations

4.9 on 5.0

1. You can send him any no. of notice but there is hardly any chance that he will mend his behaviour on receipt of your said notice/s. It appears that he has not yet been cured completely and is required to be sent to asylum. or hospital for further treatment.

 

2. You can send a complaint email to your local post office in India against your brother alleging his fraudulent activities mentioning that your parents have no control on his and is in no way connected with his activities. 

 

3. Even now also you are not liable for your brother's illegal activities. However, you can lodge a complaint to the local police station in India through email.

Krishna Kishore Ganguly
Advocate, Kolkata
25607 Answers
726 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