Brother trying to take dead father's property by force. What to do?
17-Apr-2023 (In Property Law)
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?
You 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.
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