Mental Harrasment by Brother

Querist : Anonymous (Querist) 29 October 2009 This query is : Resolved
I have 2 brothers, elder one is phyziohernic for the last 20 years and my middle brother is divorced. I am the youngest ( sister)of all. We lost our mother in 2006 and father in sep 2009. My parents suffered a lot after my middle brother came and started to stay with them. All my relations know about it. Nobody talks to him now. When my father was in the hospital, I was completely looking after him and paid the complete bill of app 2.5 lacs ( I had to borrow as well )He did not come even for a day. My cousin even asked for the money from him but he denied saying that he does not have it. He was staying at my father's place and enjoying, drinking. My father during his last few days kept telling me to consult the lawyer as he was scared that after his death this brother would harass me. We could not do it as I was all alone and could not leave my father. Now I have kept the full time servant at home to look after my ill brother, I am taking care of all the expenses of that house as well ( servant's salary, ration, Electricity etc) . I did promise him that I will give him 3rd share of the property but live in peace till we sell it but he keeps abusing me , beats our servant so that he leaves us ( so that he can get some lady and then he will have the sole power in the house). The only proof I have is our relatives who can tell the torture he did to my parents. He goes for 7-10 days somewhere ( according to him he goes for his deals- does some small time business) but when he comes he drinks and call us up on phone in the midnight and threatens us. Our life is miserable. Can I file a police complaint? Pleae advise on this case. I just want sucession certificate to be made and will sell the property and give him his 3rd share. His wife has also thrown him out.

XYZ

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Kiran Kumar (Expert) 29 October 2009
yes u can file a complaint with police or may take help of National commission for women.

for succession certificate, u ll ve to approach the civil court....for that purpose better meet some local counsel and apprise him of all the details.

adv. rajeev ( rajoo ) (Expert) 29 October 2009
U can file police complaint. As advisd by Kiran you will have to approach the civil court to get a succession certificat. During the life of the father succession certifiatewill be given to the legal heirs.

Querist : Anonymous (Querist) 29 October 2009
Thanks for your reply .

I would also like to know , is it possible that he can claim my elder brother's share? According to me he dosen't have any income, nor good character. On what grounds can I prove that I am good enough to actually take care of my elder brother. Being the girl, I doubt that law will not give me the support.