Property law

Querist : Anonymous (Querist) 21 March 2011 This query is : Resolved
I have 2 brothers..one is married and the other is single n with my mother now..She is a widow .We have a serious problem with our elder brother who is married and staying very new to my mother's house.He keep demanding for money from my mother and is a serious drug addict..before my dad passed away he gave him a house to live n everything..now the house where my mom n bother is satying he is demanding money from them.there is no will that my dad made before he passed away.So,I being the daughter can we take any step or atleast can my mother do something to get him out of our property.Plz help ?

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M.Sheik Mohammed Ali (Expert) 21 March 2011
you said property is ancestral property or self earned your father, if ancestral property your mother and legal heirs having rights if self earned the mother having rights so you desire to which type of property to transfer among them.

Querist : Anonymous (Querist) 21 March 2011
Well..Thanks a lot ..but the property is my dad's owned and only the farm house (ancestral)has been maintained by the earning of my dad from his own saving and now as he is not there my mother is getting pension ..so can he be a threat to us..As i m married can i do something n help n mother n brother.plz help

R.Ramachandran (Expert) 21 March 2011
I take it that the properties are all your father's self-acquired property (i.e. they are not ancestral.)
When you say that your father had given your elder brother a house to live in, we take it that it is only permission and he had not gifted that property by proper registration of documents.
Thus, when your father had died, all the four (yourself, your mother and two brothers) being legal heirs are entitled to equal share in the property(ies) left behind by your father.
Now, prepare a partition deed, divide the properties in equal measure between all the four of you. Show the property given to your elder brother as his portion. Divide the other property amongst you three. Thereafter he may not be able to ask for any money. Even if he asks, you people have to over come the emotional black mail and refuse to give any money.
I do not understand when you say "Can we take any step to get him out of our property" Which property you talk about. The property which your father is supposed to have given him to live? or any other property.

Jitendar Kumar gupta (Expert) 21 March 2011
Pl. write in detail so that proper advice can be given. If you need further advice/ information please call me at 9868529732.

Querist : Anonymous (Querist) 23 March 2011
Thanks ...very correct!the house was not gifted n there was no proper registration but he just gave it to him.No not the property he gave him to live with his family..I'm talking about the farm House which is far off from the house and it its ancestral but my dad has actually spended lot of money to renovate the whole farm..now that he has seen that property in good state he needs that n even threatening that he will sell the property given to him by my dad..as he is an addict he torture every body coming across him in the farms...plz tell me the exact way I set him right!

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