House in name of parents. Father died. Now brother trying to sell it.

Father expired in 2008. The flat was on the name of father and mother. My elder brother is staying with mother since death. I was married, but after divorce i am staying in parental home since 2011. My elder brother is making our mother go against me and they want me to be removed from the house. What can i do in this situation? What if they are trying to sell the property? My elder brother is physically abusive. What else can i do with that respect? Police came and didn't help much.

Answers (3)

337 votes

The best recourse is to seek partition of the property. Also please inform if all the money to purchase was paid by father only. As in that case you shall be entitled for complete 1/3rd share in the entire property.

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332 votes

Since the property belonged to the parents, it will be considered to be their absolute property. After the death of the father, the property belongs absolutely to the mother and she has complete rights to dispose of the property. However, there are two things that you can do in the present situation:
1. Since the elder brother is manipulating the mother into ejecting you from the property and make the sale, you can challenge the sale as and when it is made on grounds of coercion and misrepresentation.
2. Since your brother is being physically abusive, you can file criminal charges of battery and assault against him.

However, the list of property related cases pending in India is long and the procedure is tedious. It is advisable to settle the matter amicably with your brother and mother. If need be, you can approach the local mediation centre to help you come up with a satisfactory solution.

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You can file a case under section 12. of pwfdv act called domestic violence case to protect yourself from abuses/domestic violence thereby seeking direction for protection order along with other reliefs as applicable to in facts and circumstances of your case.
you may also file a civil suitpermanent injunction seeking stay from creating any third party interest in. the property thereby restraining them from aforesaid acts as alleged by you.

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