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Property document and not sharing income with me
09-Feb-2026 (In Property Law)
My parents died without will. I am physically disabled person, and my brother took advantage of this and took all the property documents & jewellery with him in 2018. my father died in 2024.He was getting pension of 20k approx which we were utilitzing for medical and other expenses. My brother is asking to share the pension amount with me and asking to pay the rent for staying at parental house. My brother is taking all the rent and income from other properties and not sharing any income with me
You must take immediate legal assistance in this matter, as your rights are being clearly prejudiced. Since your parents died intestate (without a will), all legal heirs are entitled to an equal share in the properties and income, irrespective of who is in possession of documents or collecting rent. Your brother has no legal authority to unilaterally take possession of property papers, jewellery, rental income, or to demand rent from you for staying in the parental house.
Pension benefits are governed by service and pension rules and cannot be arbitrarily divided unless legally sanctioned. Given that you are a person with disability, the law expects higher protection of your rights, and any exploitation or coercion can be legally challenged.
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Adv. Bhumika Vijay Bajaj
Navi Mumbai | 5+ Answers
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kindly consult with an advocate in person and in detailed kindly consult with an advocate in person and in detailed kindly consult with an advocate in person and in detailed kindly consult with an advocate in person and in detailed
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Adv. Santosh S. Gaikwad
Navi Mumbai | 100+ Answers
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Hello, if your brother has already been taking the rent and is now harassing you with this kind of statement that you need to pay the rent what you can do is file for partition suit and get your undivided share from the properties before that you will need to send him a legal notice and file an application for urgency to deposit all the rent in the court which will build pressure on him, also in the meantime file for letter of administration of all the properties and seek succession of the properties so that it can be administered properly.
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Adv. Moksh Jain
Mumbai | 100+ Answers
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Parents died intestate, so you both have equal share in property. Brother cannot evict or demand rent. File partition suit, seek injunction and mesne profits. Pension after death isn’t shareable, but family pension rules apply.
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Adv. Pankaj Bajaj
Pune | 700+ Answers
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Since you are dealing with a property where your parents died intestate, you have an equal legal right to the ancestral property and income. Your brother cannot legally charge you rent for staying in your parental home or withhold your share of the rental income. Given your physical disability, you also have protections under the Rights of Persons with Disabilities Act. You should immediately file a partition suit and an application for an injunction to secure your share and prevent further harassment.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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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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