• Property dispute with brother and threats being faced

Hello seeking guidance on the below query.
We are from Andhra pradesh. My mother has two sisters and one younger brother. She is married in 1978. She gave money for her younger sisters marriage to her father with a promise from him to register agriculture land on her name in 1988. Her father never registered. IN 2012 my parents constructed a temple in part of the same land. My grand parents took money again at that time for her younger brother. All these were cash payments with no proofs. My grand father died in 2021. Now my mom's younger brother is again demanding 5 times of the property value from us. He comes to the temple and disturbs us . He is also threatening us in front of the people in village including being verbally abusive about my parents, me , my sister and teenage nieces.
What are our rights here and how can we seek protection. Appreciate any guidance.
Please note that both my parents are over 65, not healthy and my mother has multiple health issues including heart ailment and arthiritis. This is all taking a toll on our family and her health condition is deteriorating
Asked 3 years ago in Property Law
Religion: Hindu

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

6 Answers

No need to bow down to pressure tactics 

 

on grandfather demise your grand mother , mother and brother are legal heirs 

 

3) they all have equal share in property standing in name of deceased grand father 

 

4) your mother can file suit for partition for division of various properties standing in grand father name 

 

5) also seek injunction restraining sale of properties by her brother 

 

6) suit for partition would take 15 years or so to be disposed of 

 

7) if brother threatens her file police complaint of criminal intimidation under section 506 of IPC against him 

 

8) mention that court case is pending and yet brother threatens your family . Record all his threats 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

 

You don’t have any evidence of payment made to grand father 

 

Her brother cannot demolish temple 

 

file suit for partition and seek stay orders as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

If he proves by witnessses Or documents the said money trail and transaction then court may ask you to pay otherwise no chance 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Until and unless there had been a partition happens legally,  this problem will continue. 

Your mother cannot demand the money given to her father because he is not alive and in the absence of any documentary evidences she cannot recover the same from her brother or sister as well. 

To stop the repeated attacks or tortures she can seek the remedy through court by filing a suit for partition. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Without any proof or documents to prove this your mother cannot claim anything from him at this stage. 

Let she file a suit for partition by including all the properties belonging to her deceased father and seek remedy through court 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Client,

In this case delay in initiating legal action is always harmful so proceed immediately.

You have allege that said property is ancestral means family property in that case you can file suit for partition n cancellation of document with prayer of injunction.

You can choose to resolve your property dispute through settlement if family members are involved in the property dispute.

Once a mutual division is agreed upon by the family members, you should draw up a settlement agreement. All family members should sign this settlement agreement.

Thank you.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer