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Mihir..... (Wealth Manager)     15 November 2014

Threat from brother

Mr . X and Mr. Y are real brothers and co-owners of a inherited flat. Mr. X resides in that flat.

They sold the flat and divided the sale proceeds equally 50:50.

The wife of Mr. Y is instigating Mr. Y against his brother Mr. X that Mr. X has cheated him in sale of the flat and that he (Mr. Y) should harass him and take forceful possession of the new flat purchased by Mr. X.

Mr. Y is trying every tricks in the books to gain trust from Mr. X to enter into his new flat and forcefully dispossess him and also assault him if required.

What should Mr. X do to protect himself from his brother?


 6 Replies

Anish Thakur 7018812737 (advocate)     16 November 2014

What is the status of new property ? whose name is it ? post full queries .

Mihir..... (Wealth Manager)     16 November 2014

Thank you Mr. Thakur,

The new property purchased by Mr. X from the sale proceed of inherited flat is in the name of Mr. X alone.

But Mr. Y thinking of getting forceful possession of that property. Even though Mr. Y cannot get the property transferred in his name but Mr. X is getting harassed by actions of Mr. Y.

Mr. X has honestly divided the share 50:50 between the two of them from the sale of inherited flat, but Mr. Y wants everything that Mr. X owns. Mr. Y will not hesitate to beat up Mr. X for that.



Anish Thakur 7018812737 (advocate)     16 November 2014

X can lodge complaint in police as property is solely in name of X. Y can not seek posession of that property forcibly.

Laxmi Kant Joshi (Advocate )     16 November 2014

If The new purchased property is in the name of X then Y has no right over that , X can report his act of tress passing and giving threat to him to the police X can also get orders from the court to restrain Y to enter in X's house .

T. Kalaiselvan, Advocate (Advocate)     17 November 2014

any such action by Y may be considered as criminal trespass and illegal by law.  The remedy lies with a criminal complaint to the local police for further necessary action.

Mihir..... (Wealth Manager)     17 November 2014

Thank you Mr. Thakur, Mr. Joshi, and Mr. Kalaiselvan.

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