Brother trying to take dead father's property by force. What to do?

My father died in 2006 without making a Will. There were in total of 3 properties which were self acquired by my father. We are 2 brother and our mother is also alive. The 2 properties in delhi were each taken by one of us by written agreement and got the same registered. But the property in jharkand is forcefully being taken by elder brother. How can i claim share in that property?

Answers (3)

163 votes

You will need to file a suit for Partition and get a Stay Order from the Jharkhand High Court at Ranchi. That will prevent the brother from taking any action.

In any event the Brother cannot take away your share forcefully and the only way he can acquire full rights to the property is by way of acquiring Relinquishment Deeds of yourself and your brother. 

277 votes

On the face of the information provided by you a suit for partition will have to be filed in Jharkhand. However, you need to inform as to how the 2 properties in Delhi were taken by each of you i.e. the exact terms of the said agreement/settlement and whether any relinquishment took place

Googling your legal issue online?

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

169 votes

Keeping in view that there is no will , your elder brother cannot take away the Jharkhand property unless the rest of you have given your written consent by signing a relinquishment deed. However, you can claim your share in the property by contesting a case i.e. a partition suit in the civil court and get a stay on the property , however, if he has got the property transferred in his name then you can even pursue with a criminal case against him side by side.

Popular Property Lawyers

Advocate H Gouri Shankar
Dilsukhnagar, Hyderabad
24 years Experience
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

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