Hi My mother passed away last year and since then my brother has been trying to take over the fathers properties like house and car. We have a 2 storey house and a car in Lko. Top floor is occupied by my brother and he drinks a lot. Ground floor is occupied by us. My brother shouts and misbehaves with rest of the family members which is me, my father and my wife. His wife has already left him due to too much addiction and misbehaviour. My father is old and my brother has been pressuring him to let him drive and keep the car. He has forced the father to transfer money to his account. Now we all have shifted to a rental place to avoid daily torture. Since we have shifted to a rental place I am worried that my brother may take illegal possession of the entire house. My father informed me that he has made a deed to distribute the assets but my fear is this even after this I may suffer a lot. Due to the alcoholic influence no one can stay in that house even house maids are afraid to come and the tenants also run away. If tomorrow I get a share of the house I may not get any benefit because he wont let anyone stay there. We are trying to sell the house but so far we have not found good buyers. I need advise what can be done in this case? 1. If the house does not sell while my father is alive and the deed comes into picture then can it be sold part of the house or floor wise? Is it possible in India? 2. I tried to speak to my brother to accept and sell the house and everyone get their shares but he is not agreeing to this and want to remain there. 3. My father is thinking to legally take police help in getting my brother leave the house but he cannot control his emotions and love for this older son. If my father could not take any action against him. What are the options left for me?
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Lawyers are available now to answer your questions.
Best option is for your father to sell the house during his lifetime or at least ground portion of the house
2) in the alternative on your father demise you and your brother would be owners of the house
3) apply for mutation of house in your names .
4) execute deed of partition for division of house
5) another option is for father to execute gift deed in your favour for ground floor of the house
The property belongs to your father and the property must be his self acquired property therefore you cannot go for partition while your father is still alive. You can ask your father to either make a will which is a weak document and can be challenged.
Therefore you can ask him to make a gift deed in your favour. Your brother may keep on living in his portion but you should come back and reclaim your share and seek police help if your brother does not let you come.
1. s your father file case before the Senior Citizens Tribunal so that this person is evicted of this house.
2. After his ouster from house get the respective shares transferred or partitioned.
3. If the problem is recurrent then the Police may not be of much help.
1. To sell the property floor wise it should be partitioned floor wise with proper demarcation and specifying the common areas.
After that it can be sold floor wise.
2. You can approach court with a suit for partition.
3. If it is your father's property then you cannot take any action from your side until it is allotted to you.
You can only sell it or your share if you have share in the same. You can’t sell your fathers self acquired property
1. If your father is the owner of that property , then he can evict said son from his property legally after filing a case before the court on the ground of mistreat by the son.
- Further, even that son is living in the house , then also your father can sell the property to anyone without taking his consent
2. Your father can evict him if he not ready to sell that property
3. Police will create more problem , and hence your father should file a civil suit before the court for evicting his said son from the property , and his appearance on each and every date of hearing also not needed
- You cannot take any legal action during the life time of father
- However, if your father execute a gift deed in your name , then you can sell the property
You can contact me, if further suggestion needed.
My father has made a will deed, but he is not ready to show me or share what he has made it. The will has been registered this year. Is it possible to get the will from registration office or some other way to find out?
The Will even it is executed by a registered deed, is not valid till the lifetime of the testator.
The testator can alter or change or even cancel the will anytime and can write a new Will.
The registrar will refuse to furnish the copy of the registered Will during the lifetime of the testator.
You would not get copy of registered will during your father lifetime
You can get certified copy of the same from registered office if same is registered
I understand this is a stressful situation. Here's some guidance on property inheritance and dealing with your brother in Lucknow, Uttar Pradesh, considering your Hindu religion:
Inheritance Rights:
Deed of Distribution:
Selling the House:
Dealing with Brother:
Legal Action Against Brother:
Recommendations:
- Yes, you can apply for getting certified copy of the said Will from the office of the registrar