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.
M.S.KRISHNAN


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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.

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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.

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