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Family property- belonged to our father who is no more with us today.
06-Sep-2023 (In Property Law)
We are 4 members of a family living in a plot of land- mother, my elder brother, my younger sister and I being middle child,daughter.Our father had purchased this plot(we grew up here)who died 2 years ago.(No will). Brother is married and has e-commerce business on 2 floors of the house. He neither pays rent of the floors nor any expenses( except himself & wife). We are still studying and my sister is still pursuing her graduation and is a bright student. Every other day, brother picks fight on trivial matters and abuses/break things at us( mother and us).My sister has attempted suicide due to all these incidents. We have decided to move out of the house and rent a room/flat at peaceful place and for reimbursement give our portion(we currently living in) on rent. But I also apprehend that brother wants to usurp all of the house. In future, we want justified division of property. Can this shifting affect our such claim? Please give truthful answer as our lives and career are at stake.
since your father died without executing a will therefore the problem lies with family daughters are equally in chatting like son mother being widow of the deceased father is also so right full owner of her share in the property in every civil matter when litigation arises one factor which is very important to decide your right is whether the person claiming ownership of the the property e is in possession of that property or not if you work at that house or plot and go somewhere else on rent then your claim on the property will be little weak because any third party interest may be created or if you bring some third party into the property in what manner he is going to behave in future leading to another series of litigation it is difficult to predict now it is advisable that you stay there in your house left Behind by your deceased father take care of your mother avoid fighting and criminal incident if things go beyond control then kindly put your brother on notice to behave properly if he does not listen to your request and does not behave properly in future your mother should lot a Police case for her protection there are other rights also which is is available to parents you are more in question is whether you should watches that house or not the answer is under the circumstances you have mention in your question you your sister and your mother should remain there and look for an alternative arrangement for amicable settlement of partition of the property amongst the fighting brother and the all of the family
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Adv. Sunil Kumar Singh
Delhi | 50+ Answers
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hello client as i can read ur issue it serious .
as i can see tht your family is been very much disturbed.
as i can advised you thy in the current situation your family have to take legal steps so tht your brother have to leave the house and youbhave to stay in ur house for claim of the house.
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Adv. Vishwanath Pratap Singh
Delhi | 1000+ Answers
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You have to file a suit for partition which basically means all the legal heirs will get the share of property separately. In the partition suit also make a relief for stay in creating any third party interest and restrain your brother from interfering with your peaceful possession. Yes your case gets a little weaker when you don't have possession of the Suit property. For further help contact 98-188-23-868
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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 lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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