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arkbest3 (so)     13 November 2014

Removing brother from my and my mother's life

Dear Sir,

i am a government employee. i have one brother and mother. i am married and i have two daughters. I have a house at my ancestral place on my and my mother name(joint).

after the demise of my father, my mother who stays with my brother started facing some problem because of bad habits of my brother. He usually scolds, beats and misbehaves with my mother. 

we are staying far from my mother's place. we have launched a complaint about the wrongdoings of my brother in state women commission also. Later to this younger brother started saying sorry so we have taken the complain back.

Now, one again he started troubling mother.

finally i need advice from the forum about following points:

1. what my mother shall do to declare that my younger brother is not having any more relation with her and he cannot claim any property or so from her.

2. my younger brother stays in ancestral house(which is name of me and mother) with my mother; in this case how to remove him from house(by law).

3. in case if i calls my mother from ancestral house to my residence and this man attempts to enter in house than how to stop him and protect the house.

your valuable guidance will save my mother from sufferings.

 

regards

 

mudit agarwal



Learning

 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     13 November 2014

The general law relating to the inheritance and succession can easily be referred to The Indian Succession Act, 1925. Under this Act every Indian is entitled to equal shares on inheriting the property on the death of a person. After your father demise intestate, the ancestral property can share equally to you, your mother, and your brother. So your brother also having rights over the ancestral property. Give him a share and live peacefully.

Dalip Singh (Advocate)     13 November 2014

Firstly, make it clear whether it is ancestral property or self owned property.  If the property is in your  name and in the name of your mother jointly.  You are the joint owner of property in equal share i.e. 50% your share and 50% share of your mother.   Your brother can inherit 50% share of your mother only i.e. 25% share  each of you both brothers.   Your brother can inherit the property i.e. 25% share in the 50% share of your mother that too after her death.   Now, the best solution is that you & your mother both sell the property.  Once the property is sold during her life time, your brother cannot take any action.  Secondly, you can get a Will from your mother bequeathing her 50% share in your favour debarring your brother from the property for his wrong doings.  Honestly speaking, if your mother still wants to give the share of your brother, he is entitled only for 1/4 share  in the property.

arkbest3 (so)     14 November 2014

Dear all thanks for your valuable reply. The thing is we have already sat one time and given him a part of ancestral properties and taken from an acknowledgement of recipient of amount on 100 Rs. stamp paper. Moreover mother has made a will and released him from this joint property. Still he troubles mother as she is alone there and there is no body to protect her. So, i like to know what could be done so that 1.she can be protected. 2.this man can be binded by law. 3. He can be removed from life and home.

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