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Joint property brother want to give it to sister forcefully what to do
07-Sep-2023 (In Family Law)
We have a property on my mothers name we brothers bought it when we were together after his marriage he got settled now my brother wants that property to give to my elder sister which me and my mother dont want to do it and now forcibly he wants my sister to enter into the house, being old my mother dont want. Can you please suggest how to go about it can we take the help of the police to stop this?
Hi
The property is in the name of the mother and as per law, she is the absolute owner of the property.
Even though all of you might have funded(entire 100%) the property, still in eyes of law, your mother is the absolute owner of the property and as such she is entitled to deal (sell/gift/mortgage) in whatsoever manner she so desires.
As such her children including you, your brother and your sister have no rights whatsoever on the property and as such your mother if she so desires can even a file a police complaint. So kindly tell your brother and sister the factual law position and ask them not to interfere in peaceful ownership and possession of your mother.
The property is in the name of the mother and as per law, she is the absolute owner of the property.
Even though all of you might have funded(entire 100%) the property, still in eyes of law, your mother is the absolute owner of the property and as such she is entitled to deal (sell/gift/mortgage) in whatsoever manner she so desires.
As such her children including you, your brother and your sister have no rights whatsoever on the property and as such your mother if she so desires can even a file a police complaint. So kindly tell your brother and sister the factual law position and ask them not to interfere in peaceful ownership and possession of your mother.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Yes, you can stop them. Is that property bought by whom and is your name mentioned in that sale deed or not. If only your mother name is there in the Sale Deed, you have one option to stop them in entering into the house.
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Adv. Geeta Tirandasu
Hyderabad | 100+ Answers
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Dear Sir,
As the property is registered on your mother's name and she being the absolute owner of the property, your brother neither can ask your mother to give the property to your elder sister nor he can allow your sister into the house without your mother's kind permission. File a suit for permanent injunction in the jurisdictional civil court where the property is situated for restraining your brother from interfering with the peaceful occupation of the property by your mother. The police may or may not help you as this is purely a civil matter. However, you can file a complaint with the police and if the police counsels your brother and if your brother comes to terms and stops harassing your mother, then there is no need to approach the court.
As the property is registered on your mother's name and she being the absolute owner of the property, your brother neither can ask your mother to give the property to your elder sister nor he can allow your sister into the house without your mother's kind permission. File a suit for permanent injunction in the jurisdictional civil court where the property is situated for restraining your brother from interfering with the peaceful occupation of the property by your mother. The police may or may not help you as this is purely a civil matter. However, you can file a complaint with the police and if the police counsels your brother and if your brother comes to terms and stops harassing your mother, then there is no need to approach the court.
Helpful?
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Adv. B. Srikiran
Hyderabad | 500+ Answers
CONTACT NOW
ask your mother to gift the property on your name where you can take an appropriate and necessary action once the gift deed registered on your name till the property is on your mother name even no one can do anything for that if you want to know more consult personally to lawyers office.
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