• Rights of Son

Hi 
 We are 2 brothers one older and I am yonder and mother has passed away. Father is 70 years old and not ready to distribute his properties among the 2 brothers. The older brother is drunker and If he plans to take all the fathers property by force by pressuring the father to sign a deed that after his death all the properties will be transferred to him then what should the younger brother do to prevent this? How can the younger brother come to know that this has happened and how can this be prevented if father is not ready to distribute the property?


Regards,
Anubhav
Asked 9 months ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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13 Answers

If the father is not ready to distribute the property then that is better as you may then file a partition suit after him if relations with your brother go from bad to worse.

In case your brother is trying to pressure your father to sell the property or to transfer it to him then legally you don't have much options.

You may talk to your father to either equally distribute the property or make a will.

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

- As per law, you both having no right to claim over the self acquired property of your father during his life time 

- Further, your father can transfer his property to any of you without taking the consent of each of you

- If he writes a Will in favour of your older brother , then you can challenge the same before the court , and can get equal share in the property . 

Mohammed Shahzad
Advocate, Delhi
13363 Answers
199 Consultations

5.0 on 5.0

If the same is self acquired property of father sim can’t force him to distribute. If they are ancestral then he can file partition suit 

Prashant Nayak
Advocate, Mumbai
32077 Answers
183 Consultations

4.1 on 5.0

If you are already aware of any such instrument, will or gift deed, which you elder brother has forcefully taken from your father, challenge it in the court and seek its cancellation.

if you do not know about any such doc, and want to conduct and inquiry, engage a local advocate who can do a search for your in the Sun Registrar Office 

Vibhanshu Srivastava
Advocate, Lucknow
9625 Answers
303 Consultations

5.0 on 5.0

Father is free to bequeath his property to any person of his choice. Sons donot have any right in the property of father, however, if father die without WILL and if father did not dispose property during his life time only then right of children of deceased arise. However, every deed is required to be executed on proper payable stamp paper and also the same is required to be registered. To keep a watch you can write to registrar of area and can keep watch on registration of document. By filing RTI you can ascertain the actual position. 

Siddharth Srivastava
Advocate, Delhi
1252 Answers

5.0 on 5.0

If your father is not willing to distribute the property, you can file a suit for partition in the civil court, claiming your share . You can also send a legal notice to your brother if he is pressuring your father to sign a deed that transfers all the properties to him. If you have been denied a share in your ancestral property, you can also file a suit for declaration and partition against all brothers.

It's important to note that fraud and cheating are criminal offenses. If you suspect that your brother has obtained the property by fraud or cheating, you can lodge an FIR against him for cheating and criminal breach of trust in the concerned police station. If the police do not take cognizance of your complaint, you can file a private case under section 420 of the Indian Penal Code before the Magistrate court.

I hope this information helps. Please let me know if you have any further questions.

 

Sukumar Jadhav
Advocate, Mumbai
33 Answers

Not rated

You have to file suit to set aside gift deed executed by father on grounds of coercion 

 

gift deed should be stamped and registered 

Ajay Sethi
Advocate, Mumbai
94933 Answers
7575 Consultations

5.0 on 5.0

Dear Client,

Documenting Intentions: If the father decides not to transfer the properties to the older brother and wishes to keep things fair, he might consider documenting his intentions legally. This could include drafting a will, setting up a trust, or other legal mechanisms that ensure his wishes are upheld after his passing.

Capacity and Coercion: If there is evidence that the older brother is coercing or pressuring the father into signing away his properties, it might be possible to challenge the validity of such a document in court on the grounds of undue influence or lack of mental capacity

Conservatorship/Guardianship: If the father's mental capacity is compromised and he is being taken advantage of, the younger brother might explore the possibility of seeking conservatorship or guardianship to protect his father's interests.

Anik Miu
Advocate, Bangalore
9020 Answers
110 Consultations

4.7 on 5.0

Eventually you will have no idea when the will is made it is the responsibility of your father to avoid the dispute among the children irrespective of the habits.

Your father can make will for the properties he earned.

In case is making any whill of his earned property you can claim properties where you have made any investment to acquire that properties but you will have this year in property which is ancestral  in nature

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

If this property belonged to your father then neither you nor your brother can claim any rights  over it at least not during your father's lifetime.

If your brother is putting pressure on your father for transferring the entire property to his name by some or the other secret means, you may instruct your father to not to give in to any kind of pressure and also can advise your father to either bequeath the property equally to both of you o make a conditional registered settlement deed dividing the property to both of you with life interest vesting on him which wil, secure your interest in the share of property to you.

 

T Kalaiselvan
Advocate, Vellore
85133 Answers
2218 Consultations

5.0 on 5.0

Hi, If the property is self acquired property of your father he can dispose of the property according to his wills and fancy.  But if the property is ancestral one you have every right over the property.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
336 Consultations

4.5 on 5.0

Can't advise here

Connect in Person

Anupam Pandey
Advocate, East Delhi
9 Answers

Not rated

Your father has the absolute right to distribute his properties. Any will made by your father will come into effect only after his demise and any kind of pressure, coercion, etc. can be challenged in Court only afterwards.

 

 

Gaurav Ahuja
Advocate, Faridabad
63 Answers

Not rated

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