quesElder brother is forcefully stopping to give my part of property

Dear sir,please suggest that one of my property is situated in delhi region,my father was died 18 year back ,and the property is in the name of my mother,But Now my elder brother is not willing to provide my part in this property. and he has also kept mother away from me with the documents of property along with him. sir pl. tell that what should i do in this situation,as my brother is not listening to anyoneand i feel that he is not willing to give my part or he wanted to have some lucrative part of the property for e.g front portion with big size,Pl. Help.yours thanks and regards,

  • ansAs per your query all property is in the name of your mother, in that case you cannot claim property from your brother. It depends on your mother, if she makes a Will and divides property between both of you then you get the share.

     

    But here is one condition that the Will can be executed only after the executor's death. In your case your mother is alive. now you have only one remedy to file a suit for the partition before the court to get your share in the  intestate property.

     

    But if these  properties are self-acquired by your father not intestate or ancestral then you could not get anything from you mother. But other civil remedy is available for you which can be suggested post knowing more details.

     

     

  • ans As per query all property in the name of your mother, in that case you cannot claim property from your brother. it is depends on your mother, if she makes a will and divided property between both of you then you get the share. but here is one condition will execute only after executor death. in your case your mother is alive. now you have only one remedy to file a suit for the partition before the court to get your share in the interstate property. but if these property self-acquired by your father not interstate or ancestral then you could not get anything from you mother. but other civil remedy is available for you

    Advocate Akhil Verma

      Karkarduma, Delhi

  • ans As per query all property in the name of your mother, in that case you cannot claim property from your brother. it is depends on your mother, if she makes a will and divided property between both of you then you get the share. but here is one condition will execute only after executor death. in your case your mother is alive. now you have only one remedy to file a suit for the partition before the court to get your share in the interstate property. but if these property self-acquired by your father not interstate or ancestral then you could not get anything from you mother. but other civil remedy is available for you

    Advocate Akhil Verma

      Karkarduma, Delhi

  • ansIf the property is your father's self acquired property, you can file a suit for partition and get a stay on the property. Of course once the documents and your side of the story are scrutinised I can guide you better

    Advocate Arjun Vinod Bobde

      Supreme Court of India, Delhi

  • ansIf the property is your father's self acquired property, you can file a suit for partition and get a stay on the property. Of course once the documents and your side of the story are scrutinised I can guide you better

    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 Startup 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.
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