Legal action against son for harassing mother for division of property


Sir my father expired two years back. my brother is harassed my mother and kicked her from her home for property division. The residing home is in my father's name. We gave police complaint. But they talked in support of my brother. Didn't even take complaint. What is the solution for this? We really 4 daughters and 1son to my parents.

Answers (3)


182 votes

please file partition suit against your mother, brother and your other family members by paying court fee of your part and also for declaration, The court will take up the matter and issue your share after the proceeding before the court is completed in case if the property is self acquired property of your father if he has gifted/transferred in some body name then you have no right to claim only if it is intestate then you have all the right to claim your share be the court of law.


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187 votes

Hello
If your father has died intestate (without making any will) then your bother will have not have exclusive right over the property ! Therefore the property has to be partitioned equally amongst the shareholders including your mother .
So this matter being the property dispute, the partition suit needs to be filed before the competent court !

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302 votes

I am unable to understand your query completely but I can advise based what you have stated that there is a property dispute. All of you have equal share in the property if your father have not left a will. If your family is not interested in counselling, I would suggest you to file a suit for partition of property, but it will take a longer time. Instead, you can also check for common wellwisher and sort outout things amicably and draft a deed for partition.
Till such time, none have the rights to ask you to vacate the house.
I hope this clarifies

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