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quesBrother 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?

  • ans

    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. 

  • ansOn 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

      Nizamuddin East, Delhi

  • ansKeeping 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

      Commonwealth Games Village, Delhi

  • ansYou 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.

    Advocate Arjun Vinod Bobde

      Supreme Court of India, Delhi

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