Brother has no legal heir. Can i get his property?

My brother is unmarried aged 76 years and he sold his house for 61lacs.Someone trying to take advantage of this money .As a brother do I become a legal heir in the absence of family for my brother??.Can I restrain him from giving this money to others? He is dumb and can communicate thru writing and his place of stay is not known.We are 5 brothers and 1 sister and 3 of us live now including him and me.Sister is also alive. How can I prevent this money going to others?

Answers (3)

56 votes

Dear Sir,
Your question is very vague without any details.Is he your brother married/ Got issues /who
tires to take advantage of him why /is he of sound health(but for dumb )NOT INSANE OR OF UNSOUND MIND. /can he write what he wants to say?? Depends on your perfect and open answer no further legal opinion is possible .It may go wrong?MY PROFILE WILL BE SHARED TO YOU BY OUR CONTACT PERSON SHORTLY ON YOUR REQUEST.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

252 votes

If it is his self earned property and disposed to an amount and the same is being held by him, nobody has any right in it. Whether you are a brother or legal heir will not make any impact on it during his life time.
So allow him to do whatever he desires to do it during his life time. You have no right to interfere in his personal issues or privacy.

Popular Property Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience
66 votes

I understand that your brother is spending his money to some other person and they are utilising him. You can advise him. If he is unsound, you can make an appln before the court to appoint you as guardian/next friend. You will become one of the legal heir after his lifetime only. You say the place of stay is unknown, It seem you are more concerned about the money of your brother and not your brother.

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 and has been responded by one of the Property Lawyers at 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 or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles