Possession of one is regarded as possession of all family members
your brother cannot restrain his siblings from visiting the property and staying there
Possession of property
Our house in name of my father who passed away 18 years back. After the death, my mother had life interest. She passed away three years back. The property is still in name of deceased father. One brother lives in that property, other lives abroad and stays in that house whenever he visits India. Other three brothers have their own house. Can the brother staying in that property prevent other brothers from visiting that property and not allowing them to stay there?
Asked 1 year ago in Property Law
Religion: Hindu
9 Answers
1. Assuming that your father died intestate (without executing WILL) and your mother is not alive, the property would devolve equally to all the children (both brothers and sisters).
2. Just because one of the children lives in that house, he can not prevent his other siblings from visiting or staying in the property as the property equally belongs to all the children.
3. If there's any problem, send a legal notice to your brother living in the property for partition and separate possession of the property by metes and bounds.
The property belonging to your deceased father shall devolve on all his legal heirs equally.
None of the son can claim any exclusive rights in that property.
If you apprehend the brother to prevent others from enjoying the property then they can file a suit for partition and seek possession of their legitimate share in that property.
Nops. All siblings have equal share in the Property.
- As per law, after the demise of your father intestate, his property would be devolved upon all his legal heirs equally.
- Hence, you can seek your equal share in the property even if you are living abroad or having other houses , and the brother who is staying in the said property cannot take others share , and also cannot restrain the brothers to stay in the house.
Other brothers have legal right to enter & stay in deceased's property for recreation, amusement & not interfering with owner's rights.
She can’t unless she is the self acquired owner of complete property
As per the information you provided, the property is still in the name of your deceased father, and your mother had a life interest in it. After her passing, the property should have been transferred to the legal heirs of your father as per the laws of inheritance applicable in your country.
Assuming that the property has been inherited by all the five brothers equally, each brother has an equal right to the property, including the right to use and enjoy it. Therefore, no brother has the right to prevent another brother from visiting or staying at the property.
If the brother living in the property is preventing other brothers from visiting or staying there, you may consider consulting a lawyer to understand your legal rights and options for resolving the issue. A legal notice may need to be sent to the brother living in the property to enforce the rights of the other brothers. Alternatively, the brothers may consider coming to a mutually agreeable arrangement regarding the use and enjoyment of the property.
After the death of your mother who had only a lifetime interest, your father's estate devolved equally upon all the five brothers, with each being entitled to one-fifth undivided share. As such, no one can legally prevent the other from enjoying the property. If anyone does, the aggrieved person has to move the court and obtain a restraining order.
