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

366 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. 

LawRato LawRato

608 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.

LawRato LawRato

752 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.

Advocate Richa Relhan LawRato

942 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

Advocate Rajat Joseph LawRato