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to evict brother from family property
21-May-2023 (In Property Law)
My father died in 2018. I have a handicapped brother and mother, whom I maintain and look after, we are residents of UP. My elder brother lives in Mumbai with his wife and does not have any relation with the family. But he wants to take rights in the property (both in his father's name and in the ancestral property) in my father's name. My mother and other family members do not want to give any share to them. In such a situation, is it possible that my three sisters, my handicapped brother, my mother and I myself can evict my elder brother from both father's property by taking some kind of legal action.
if the entire property transfered your mother name then your mother evict them all the property but you and your sisters and brother not have to right about his eviction from property.
if all the property purchased by your father then your mother transfered the property on her name
other wise the ancestral property can not transfer in favour of your mother it can be transfered when your father already transfered his share in that ascestral property.
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Adv. Ankit Saran
Ghaziabad | 400+ Answers
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In accordance with relevant laws ,no brother sister or mother has any right to evict any other brother from the property of father. It doesn't matter whether property is self acquired or ancestral because he has same rights as other brother or sister. So far as maintenance of mother is concerned, mother may claim same.
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Adv. Vinod Kumar Srivastava
Ghazipur | 25+ Answers
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