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Family dispute by elder brother by misusing the provision of law


12-Mar-2023 (In Family Law)
I am salaried employee worked almost 10 year outside kolkata of my total 17 years service. Recently I came to know that my father has directly paid the amounts for purchase of property in the name of my elder brother and his wife name( Most of the property in the name of his wife). My elder brother does have any income. His wife was also housewife till 2013. I always paid money and everything to my father. My father spent a huge sum to start business in the name of my brothers wife in 2013. When I came to know my elder brother using my father filed a false case of theft in police and thrown me out of family and also taken gift of balance property from my mother. I want to file lawsuit or PIL/SLP against such discrimination of succession / inheritance law through which parents or brothers can misuse the act to get property. My father and brother has abused my wife. The act is brutal and need to be changed which gives wrong persons to abuse other in the name of power given to them. Plea
Answers (2)

Answer #1
733 votes
A person can distribute or transfer his self acquired property to anyone, be it a man of straw! Though in case he made any will and died thereafter, the other person can challenge that will on the ground of influence or otherwise. First of all find out whether your father's property is self acquired or not.
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Answer #2
883 votes
Instead filing PIL, if you understand PIL stands for Public Interest Litigation, neither you or your family is general public here at large, its a simple dispute of property amongst two brothers, wherein your elder brother by way of gift deed has taken away the property which should have been divided into equal proportions, so my suggestion is challenge the gift deed, detailed discussion elaborately is necessary
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