• Legal solution to safeguard myself due to my brother's illegal activities

We are 3 brothers our parents expired. one brother is living abroad and another is living in other city in India. Brother living in India is of criminal nature and very violent who often mess with people by abusing and hitting them hard which also makes me to face the trouble in police and other legal obligations. I am doing govt.job and it's difficult for me to face such legal obligations.i am living in parents property in which we all brothers have equal share and as the address of all us is same and police comes to harass me always at my residence. I want legal solution to avoid any legal complications due his future activities.
Asked 4 years ago in Family Law
Religion: Sikh

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18 Answers

If someone hellbent upon in lodging false complaint then there is no legal solution. 

However to safeguard your your interests and share in the property you must file a suit for partition in which your respective rights and shares would be determined and demarcated by court once and for all. 

Seek injunction as well to ensure peaceful possession in the property. 

Devajyoti Barman
Advocate, Kolkata
23187 Answers
510 Consultations

Please approach City Civil Court and file Partition Suit for division of property amongst all of you three Brother. 

After division of property you would be free to carry out your normal activities of life without any hesitation and prejudice from anyone.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Enter into deed of family settlement for division of property by metes and bounds 

 

2) it should be duly stamped and registered 

 

3) you would not have to face problems from police 

Ajay Sethi
Advocate, Mumbai
96745 Answers
7804 Consultations

Sir

You are not liable for your brothers criminal Acts and the police can not harass you. 

You can not do anything about his nature, to further safeguard your self, You can break ties with him by publishing the same in the newspaper, ( only if you are willing to do that). 

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

1. Except for harassment, you CANNOT be liable for any offence that was committed by Brother.

2. To legally disassociate from brother and his actions, you can file a local civil court petition to "disown" the brother in all possible ways.  After this you can give court order copy to Police or other authorities, for their records.

3. All brother can file for Partition of Father's property and give away share (equivalent cash money) to brother and stop him coming to the house. 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. During the lifetime of your parents you have no share in their property. They are free to alienate/bequeath their property to anyone during their lifetime.

2. If police comes to harass you then file a protection petition against police.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

If he harrases you then police complaint is the only option. 

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

Just inform the police, do whatever with him. You are not responsible for him. No other legal solution because to find him/search him, police will certainly will come at his residence.

OR send a letter to police through registered post, you are not responsible for his act, you have nothing to do with him.

Yogendra Singh Rajawat
Advocate, Jaipur
22984 Answers
31 Consultations

- You can give an information through the news paper after printing a Public notice , that your brother is out of control and not under supervision of you and other family members , hence if any person lodge a complaint against him , then in that eventuality you will not responsible for the same, and you have not any relation with him. 

- Further, you can also lodge a complaint /information before the police and higher official as well after giving the same information. 

- However , you people can get separate from him after partition of the property. 

Mohammed Shahzad
Advocate, Delhi
14415 Answers
221 Consultations

You can partition the property and can start staying in your portion of the property, further you are not liable for your brother's act. In case any enquiry or harassment is done in that regard you may deny knowing his whereabouts. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Just inform them that you are in no way have any connection with him.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

Dear Sir,

You are suggested to have the legal partition of the properties and also get separated from the said brother. Need not to fear from police and declare that you have no concern with that brother.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

Get a public notice published in the local news papers that you are  not responsible for any of his acts and also file a partition suit for having separate registration on same house. Get you portion personalized 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

File Partition Suit before jurisdictional Civil court. 

You can also Execute registered Settlement deed. 

You are not liable for your brother's Crimes. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

You can get the joint property partitioned and make your separate accommodation to have minimum relation with your brother. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

You should publish in a newspaper about the criminal activities of your brother and state that you have no business with him.

Also send a copy to the local police station.

 

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

You cannot be held liable or responsible for your brother's illegal activities.

You can issue a newspaper publication as a public notice that you are not responsible or liable for his activities done by him on his own.

You cannot prevent police from approaching your house because that would have been the address he might have furnished hence you may politely deal with the police about this on the next time.

 

T Kalaiselvan
Advocate, Vellore
86941 Answers
2334 Consultations

  1. As per the information mentioned in the present query, makes it clear that you are subjected to the mental agony and public defamation due to the conduct of your brother and having the same address.
  2. I would like to apprise you that though the house is anscestral one then you can’t ask him to not to use the address of the same house, but yes can initiate the local authority (police) staring that he has not been living with you all and it’s just that you do not want to face the consequences.
  3. Or else you can have some other property if have funds or in rent and then file a suit for partition in the property to settle your share in the said property.
  4. Else the last option would be to have a writ petition file in the Hon’ble High Court of Punjab and Haryana seeming direction  for the police to not to harass you for the conducts of your brother.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

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