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SinghSingh (Service)     10 May 2025

Family dispute

We are 2 brothers. Parent expired 05 years back. The family property of 02 houses, ancestral agricultural land is in parent name. One house is in my name & in my deceased parent name. I get monthly rent in my name.

Since my brother was always busy in work in India & abroad, He never came to family home and always remained absent for more than a decade. i took care of my parent & the property/ asset etc. Largely even in parent funeral 05 years ago, also he was just present. Some months back, there arose a difference & dispute with my brother. Elder brother is a Lawyer. He always uses slang language on phone & WhatsApp and threatens to ruin me & my family. He can simply ask & take his share and we can move on in life. But, never directly talks me and always accusing me of rent and fund misappropriation etc etc, which is untrue and threaten to implicate me something legally. Gets to talk to me via his Lawyer

I am wiling to sit across table with elder family members and resolve but he vows and say to all that he wants to ruin me. My family and children all are in shock. What recourse for us



 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     10 May 2025

You stated that the agricultural land and one house are in the parents' name, where parent means either the mother or the father? As a home is in your name, except for this, your brother also has an equal right with you and your parent.  You have to solve this amicably and if your threatens you file a police complaint.

T. Kalaiselvan, Advocate (Advocate)     11 May 2025

Your siblings have rights for a share out of your parents properties.

If they are not willing to partition amicably you may file a suit for partition and divide the property equally and seek separate possession of your share in the property 

Dr. J C Vashista (Advocate )     11 May 2025

Get the property partitioned legally seeking professional services of a local lawyer and stop all such problems and threats.

P. Venu (Advocate)     11 May 2025

If no amicable settlement is not possible, you have the option to file a suit for partition.

SinghSingh (Service)     12 May 2025

One house is in my name & in my deceased parent name. I get monthly rent in my name.

Theoritically he has 25 % share (as the property is in my parent & my name). I amange all the things. Electricity bills and Municipal records are in my name.

He is unwilling to sit, talk and take his share and achieve peace of mind for both of us. Mostly threatening & abusing to give him half the amount.

kavksatyanarayana (subregistrar/supdt.(retired))     12 May 2025

File a partition suit if the amicable settlement is not favoured.

SinghSingh (Service)     20 May 2025

Sir/ Madam,

 

Ready to sit across table and arrive at amicable settlement. This has already been told to him. But the Lawyer brother calling myself & family repeatedly. hurling abuse on WhatsApp. His appointed Lawyer calling again and again on any trivial matter

Mental Peace of my family is getting disturbed.

T. Kalaiselvan, Advocate (Advocate)     21 May 2025

You do not have to beg anyone to claim your rights for a legitimate share in the property.

You can file a suit for partition before the court competent and claim your share in the property with separate possession by dividing the property by metes and bounds, you may take steps through an advocate instead of wasting time answering those people who are creating continuous problems for you.


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