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Vinod Kumar Mishra   17 April 2017

Mental torture and threat to kill by brother and his family

Dear All,

We are two brothers including me and my father retired reside along with me. My elder brother and his wife resides in village, Bihar and i am a govt. employee. Whenever myself and my father visit the village my brother and especially his wife abuses us a lot always and give threat to me and my father without any genuine reason, However they always says to divide the property but my father did not agree to divide the property purchased by him and ready to divide rest paternal property they always abuse my old (75 year) father and demand for money and insist to build home for them by force.

In a recent case i wish to conduct my mothers first death anniversary at village along with my son Upnayan ( thread ceremony) which is a very big event but they abuse us as usual threat us and will not allow for conducting the same in village. Since i am in government job and not living in village my entire familly is in high tense because of their behaviour. As we know thier financial condition is also very very poor and instead of request and using other way to get help from us always threat us and abuse our entire familly. You all are requested to please suggest the legal precautionary measures which we should take. Because they are habitual and will never understand by counselling however many people have convinence them to be polite.  Here as we observe my brothers wife always provoke and take initiative to fight.



Learning

 5 Replies

Kumar Doab (FIN)     17 April 2017

Is it same matter!

https://www.lawyersclubindia.com/forum/How-to-make-will-for-only-single-property--141560.asp

https://www.lawyersclubindia.com/forum/Gift-deed-vs-sale-deed-142124.asp

 

Kumar Doab (FIN)     17 April 2017

The bone of contention is property.

Paternal property may not necessarily be ancestral!

It may be ancestral!

You are govt. employee and must be aware of Conduct and Discipline Rules applicable to you.

Keep your own trusted person around you and record all incidences.

If your father is willing let him devide the property in his life time on fair and reasonable terms or as per his wish.

Kumar Doab (FIN)     17 April 2017

The jurisdiction of courts is at location of property.

Avoid litigation as much as possible.

Registered family agreement may not leave any scope for future litigation.

Try for amicable settlement.

Vinod Kumar Mishra   18 April 2017

Main intension is property no doubt but my brother and his family never did anything and always created problem for entire family and mainly to my mother and father even he did not performed rituals after death of my mother however he is the elder son so my father at least not willing to divide the property earn by him however he is always ready to divide the ancestoral property i.e. not earned by him.

He is always forcing my father to separate the property as well as money which he erned himself first. Ultimately he has done nothing for entire family neither served to my old ill parents and they want everything by force. They are so disturning that we two brothers can't live together for which father has already handed over one property to me without anyones notice. But my as well as father intension is always peace so except one property earned by father our intension is to divide equaly after death of father but it seems to be very difficult as father is alive and he wants everything without doing anything by force hence my father at least do not want to divide property earned by hmself. So since father is living along with me they are creating problem for my entire family too. I am well settled and they have nothing in hand but ego is very high so always torturing and abusing us a lot. They are not only problematic for us but entire community and simple living peoples of village too. In the curent instance i have to perform my mothes death anniversory and Upnayan of my son in village but they are forcing to separate property first than only they will allows us to organise any event however i am spending all my money without his support.

Please suggest any protection related things from police which i can take during the above event at my village or any ulternative precaustions/ FIR which i can take to intimate the authority.

Kumar Doab (FIN)     18 April 2017

Your father may settle the property related issues (both ancestral/self acquired) in his life time by a valid/registered deed say; sale/gift/WILL etc.

If possible go for Registered Family Agreement, on reasonable terms.

If you wish to take police help, visit the police officials.


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