File suit for partition for division of property by metes and bounds
2) seek injunction restraining sale of property by brother
3) make application for being appointed as guardian for sister
4) file DV case against brother seek protection order
To stop cruelty of brother and seek our share in the parental property
We are 4 sister and 1 brother 3 of us are married Our one sister is unmarried, mentally ill and paralysed sister and is living in our parental house alone along with care taker in Haryana (The house was owned by Late Father and Late mother - and there is no will and we 5 siblings have equal share in the house legally). Our brother is very cruel and voilent lives in West Bengal from 30 years but visits our parental home once in 3 to 6 months for few days. But whenever he comes he torchers our unmarried mentally ill and paralysed sister. He shifts the sister into bad room of the house, dont give her food and treat her very badly. Even he is responsible for the condition of our sister as he earlier also beat her. Recently also when we two sister visited our parental home to see our sister he abused us also and said this house only belongs to him he can do what ever he wants. Basically he along with his wife wants to grab the parental house they are also planning to shift into to this house permanently from west bengal. Question 1. How can we protect our sister from his cruelty? If we can file Domestic violence case in court against him? 2. If one us should become legal guardian of our mentally ill sister... will it help us in any way? 3. Most important - If there is any way by which we can stop him and his from entering/occupying our parental home (By filing injunction suit or by any other method)? 4. What is the appropriate and quickest way to claim our share of property as he doesn't want give us anything. Concludingly please provide us the best way to protect our sister, teach him a leaason and to get our share in the property?
Asked 2 years ago in Property Law
Religion: Hindu
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11 Answers
Submit an application under Section 7 (2) of Rights Of Persons With Disabilities Act, 2016 to the Collector giving details of abuse and violence of your sister by brother. Collector will forward a complaint to the Court of Magistrate on behalf of sister under provisions of law for causing hurt, grievous hurt, abuse and unlawful restrain by him. The Court will issue a restrain order against him not to enter the house where she is residing. Domestic Violence Act is not applicable as she is not residing with him.
File a suit for partition of property among five siblings. Sister with disability should be represented by you. Get yourself appointed as guardian of her. You will be appointed as manager of her share of property as she cannot manage the same.
1. On the basis of legal guardian for the mentally handicapped sister, you can initiate legal action against your brother for his tortures and ill intention to grab the property.
2. Yes it would enable the guardian to fight for the safety and rights of the mentally handicapped person.
3. You can file a police complaint against him and his wife for troubling and torturing your sister besides you can file a suit for permanent injunction against him restraining him from entering into the house for his such violent and illegal activities against your sister and if at all he requires his share in the property he can file a suit for partition and he should restrain from entering into the house till the suit for partition is decided.
4.You can file a suit for partition, you do not have to beg him to establish your rights in the property, you can approach legally to this problem.
1. Yes, you may do so. Cruelty to a mentally challenged person, of which any court will take cognizance.
2. Yes, please file a petition at the proper court through a lawyer at the earliest.
3. Yes, file a petition for a restraining order against your brother.
4. All the rest of the legal heirs have to file a partition suit.
1) Yes, You can file domestic violence case againts your brother or you may also give complaint to concerned PS and if police does not register fir you may file an application u/s 156(3) Crpc.
2)Yes, You may become guardian of your mentally ill sister and it will help.
3)Yes, You can file partition suit along with injunction to get your share separated and also stop him from occypying your share illegally.
4)You should file Partition Suilt along with Injunction to get all your property divided.
1. yes by filing DV complaint
2. yes
3. yes by restraining order in DV
4. filing appropriate proceedings under succession laws applicable to you.
All of the above is enough to take legal action against him
Urgent - Through one of of relative we came to know that they are creating brother along with his wife are trying to create a fake will.....How can we stop them?
Asked 2 years ago
You cannot stop them from indulging in such illegal activities however you can challenge the same in court of law and get it nullified if they file any case relying on this fake and fabricated Will
If signature on will is forged you can obtain handwriting expert written opinion as to whether signature of testator has been forged or not
As advised earlier, better move the court and get a restraining order without any further delay.
Dear Client,
You will have to file partition suit if he is denying to give you your share.
Only sale deed or registered agreement for sale is proof of ownership.
With the amendments made by the Hindu Succession (Amendment) Act, 2005 a daughter has also been given equal rights as son and she has also become a coparcener in the Hindu property and she has also got rights over the Hindu property to demand partition.
According to the Hindu Succession (Amendment) Act 2005, you have the same right over your father’s property as your brother. You have not mentioned whether the property is self-acquired or ancestral. In case of ancestral property, you have a right to it by virtue of birth and can make a claim over it. In case of self-acquired property, since your father died without a will, you will have an equal right to it as you are a class I heir along with your brother and mother. Hence, you can file a petition in the court seeking a right to the said property.
Thank You.
You can file a police complain in the said case but the same thing can be only stopped when it's actually created