quesBrother trying to take dead father's property by force. What to do?

My father died in 2006 without making a Will. There were in total of 3 properties which were self acquired by my father. We are 2 brother and our mother is also alive. The 2 properties in delhi were each taken by one of us by written agreement and got the same registered. But the property in jharkand is forcefully being taken by elder brother. How can i claim share in that property?

  • ansYou will need to file a suit for Partition and get a Stay Order from the Jharkhand High Court at Ranchi. That will prevent the brother from taking any action.

    In any event the Brother cannot take away your share forcefully and the only way he can acquire full rights to the property is by way of acquiring Relinquishment Deeds of yourself and your brother. 

  • ansOn the face of the information provided by you a suit for partition will have to be filed in Jharkhand. However, you need to inform as to how the 2 properties in Delhi were taken by each of you i.e. the exact terms of the said agreement/settlement and whether any relinquishment took place

    Advocate Rajat Joseph

      Nizamuddin East, Delhi

  • ansKeeping in view that there is no will , your elder brother cannot take away the Jharkhand property unless the rest of you have given your written consent by signing a relinquishment deed. However, you can claim your share in the property by contesting a case i.e. a partition suit in the civil court and get a stay on the property , however, if he has got the property transferred in his name then you can even pursue with a criminal case against him side by side.

    Advocate Richa Relhan

      Commonwealth Games Village, Delhi

  • ansYou will need to file a suit for Partition and get a Stay Order from the Jharkhand High Court at Ranchi. That will prevent the brother from taking any action. In any event the Brother cannot take away your share forcefully and the only way he can acquire full rights to the property is by way of acquiring Relinquishment Deeds of yourself and your brother.

    Advocate Arjun Vinod Bobde

      Supreme Court of India, Delhi

  • 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 Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
  • Related Articles

Consult best Property lawyers in India

Property Lawyers

Advocate Jaspreet Singh Rai

  Greater Kailash 1
 Experience: 13 years


Advocate Arjun Vinod Bobde

  Supreme Court of India
 Experience: 13 years


Advocate Sudershani Ray

  Kailash Hills
 Experience: 9 years


Advocate Prashant Mendiratta

  Lajpat Nagar 4
 Experience: 23 years


View all >>

How it Works

Know how LawRato makes legal easier and effortless

Ask a Free Question

Post a question and get free advice from multiple lawyers

Talk to a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly