LawRato

To make a case against my brother


17-Oct-2023 (In Family Law)
Our home is owned by me and my father. I am having serious personal issue with my brother and I don't want him to stay in my house. Can I legally force him to leave the house? My father will not like this idea but I want to do it. Please help me.
Answers (3)

Answer #1
820 votes
Dear,
if you are living at your father's home, you can't legally force your brother to leave without your father's consent. You may go to partition of your home if possible. One more thing that it depends the issues you have with your brother, better to consult a lawyer properly
Answer #2
693 votes
Yes we can file partition suit and even suit for ejecment and injunction.
we have to see whether the property is self required or ancestral
and what is the stand of father
there many more quires and aspects attached to it, but we can definitely proceed with a suit
would be happy to help you
Answer #3
898 votes
No you will not be able to achieve without your father's expressed consent. This is because you jointly own the property. Thus either you should have the property transferred to your sole ownership through gift deed, settlement deed or sale deed or get your father's expressed consent to demand that your brother leave the house. In event he does not you could either file a police complaint (though police do not interfere in family disputes) or get a court order. The later is preferable.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."