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Legal recourse against brother evicting his sister from father's house


21-Jul-2023 (In Property Law)
 I am a single parent who is living with my son in my elder brother's house. He says that the property which was previously in my father's name has been transferred to his name. Actually, I am a widow who has a son in his 20's and now my brother is threating to evict me from the house. Can he actually do so? What options do I have?
Answers (4)

Answer #1
697 votes
Ma'am,
If the property is still with your father name then you have equal right as your brother, if the property transferred to your brother's name from father's name and he have proper legal documents, registered by authority with out cheating then you do not have right over the property.
Further advice you need to brief me in details then i could help you.
Answer #2
621 votes
No. He can not evict you and your son.
It is the father's property so you have equal share in the property. You dont trust him that he is exclusive owner. You can serve him a legal notice through a lawyer and if he produces any Will etc.in his favour you can challenge the same.
Answer #3
514 votes
Mam for this query i would request to meet us with all set of documents so that legal recourse can b made. These kind of problem are always solved in the court through proper set of documents where remedy are achieved.
Answer #4
734 votes
First know about the source of property, whether it was purchased from your father's self-acquired sources or is it ancestral property. If self-acquired, then find whether there was any will, how and when was that transferred in his name. Then your final answer, yes, but he can do legally by filing an appropriate suit before Court, he cannot do so by using force or threat.

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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