Hi , My dad passed away in July 2013 and mom passed away in feb of 2014, I have a brother who moved to his own house with his wife and children in May 2012. Since then i have been staying alone at my dad's home (2 bedroom, 1 hall , 1 kitchen) which was constructed in 2002. They didn't make a will. i recently got married, and since i wanted to stay in this home which has the memories of my parents, i asked my hubby if he could stay at my parent's home. To which he had agreed. In the past few weeks my brother has been asking me to vacate the house / give him his share. and he is quoting an exorbitant amount to be given to him for the settlement. He has more than once entered the home using a spare set of keys when my husband and I were at our respective offices. I also have a brother abroad. who is also a heir to the home. I am ready to pay my brothers their due share to take complete possession of the home. what i want to know is. 1> Is there a way to stop my brother from entering the premises without our knowledge? 2> He now is claiming to come and stay in a room and share the hall and kitchen with us. is there a way to stop this from happening? 3> I am 15 weeks pregnant - and he at an instance tried to barge in (when i changed a lock) , and threatened me not to change any locks in the home- how do we protect our privacy? and how do i save myself from any further mental agony, as this may affect my child?
1) on your parents demise yiu have one third share in flat
2) yiu cannot stop your brother from staying in one bedroom as he is co owner of the house
3) you can lock one bedroom of the house wherein you and your husband stay but you cannot change lock of main door
1. On the demise of your father his property has devolved equally on all his children. Since the share of your brother is at par with your share he cannot be restrained from entering the house or residing therein.
2. To stop him from intruding into your privacy you can seek injunction from the civil court.
Hello,
1) As you rightly understood your bothers have an equal share in the property along with you. You can either dispose of the property and share the proceeds equally or as you have fond memories and you want to have the house you can buy up their shares.
2) You can seek an injunction against your brother from entering the house without your permission or prior intimation stating the current circumstances and the fact you are in possession.
3) Get the injunction before he can make any move to forcefully take possession. Engage an ADVOCATE to assist you with necessary proceedings.
4) The answer to your query for too is an injunction from the court until the issue of partition is settled. Negotiate the amount with your brothers. If the resistant brother's demands are too exorbitant do not yield to the pressure. Let him approach the Court for partition.
1> Is there a way to stop my brother from entering the premises without our knowledge?
You can file an injunction suit restraining your brother from accessing entry into the locked house during your absence and also for trespassing the dwelling house.
He can file a partition suit and ask for his share and separate possession of the same through a court of law alone and not by taking law into his hand, you may even issue notice to him asking him to refrain from indulging into such illegal acts or else he may be booked under criminal trespass offences for which he may be held liable for the consequences including damage and loss of articles at home.
2> He now is claiming to come and stay in a room and share the hall and kitchen with us. is there a way to stop this from happening?
Actually he is entitled to a share in your father's property who died intestate. However this is not the procedure to claim a share. He is trying to be a trouble monger without understanding the law about dealing with a dwelling house. If at all he wants to establish his rights he can enforce it only through due process of law and not by taking law into his hands. If he is acting beyond law and continues to torture you, the next step you can initiate is to lodge a criminal complaint for criminal intimidation and other illegal acts, including trespass, abusing in filthy language etc.
3> I am 15 weeks pregnant - and he at an instance tried to barge in (when i changed a lock) , and threatened me not to change any locks in the home- how do we protect our privacy? and how do i save myself from any further mental agony, as this may affect my child?
As explained above, you may take the help of police if he is uncontrollable.
1. Your father's house has been inherited by all his legal heirs including your said brother and you can not stop him in entering in to the house which is now co-owned by him,
2. He is within his right to stay in his father's house,
3. All of you being the legal heirs of your father's said house should now sit together and execute and egister a partition deed dividing and demarcating your individual shares and in that case your said brother will not have any legal right to enter in to your partitioned area. Till then you can not estrain his entering in to the house by changing the lock. For any criminal act on you by your brother, you shall have to lodge a police complaint against him.
Dear Sir/Madam, you have every right to get your respective share as well as stay at this house which was parents built of them, you use as legal heir as per Indian Succession Act and also as per Hindu Law. You have to issued a legal notice to him and not to disturb your privacy... you have to give police complaint in this regard, if any his share he will claim through appropriate court of law.
you are also have share in this flat. it does not matter that it is your father's self acquired property or ancestral. you should file a suit for partition.
if partition cannot be possible court can pass order for its sale or transfer this flat any one owner who is ready to pay apportionment amount at the market rate. you can purchase it on reasonable price.
