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What can I do if my step brother is claiming 50% share in my property?


26-Dec-2023 (In Property Law)
I am the son of my father’s second wife.my father left his first family long back. Ancestral land was partitioned between my father and his brother, through un regist.partition. . When I became a major my father left us and after that he sold remaining 86 cents also with my sign to A. My step brother (first wife son) didn’t sign. A sold to B, B to C,C to D. With my money my father brought it from D upon his name and WILL was registered upon my name. My bed ridden father was living with me. After 2 months of purchase he passed away.My step brother lodged a murder complaint against me claiming 50%share. FIR not booked. police summoning me now and then in order to give him 50% share I stay in Hyderabad, 500 km away from my property. Since one and half year he is stealing coconuts from that land as he has police support. Many times I lodged a theft and tresspass complaint with police many times but of no avail. Kindly suggest
Answers (3)

Answer #1
769 votes
Hi,
This is M.A RAHEEM KHAN Advocate, From : Hyderabad @lawarto.com

First you have to file civil suit of Injunction against your step brother restraining him to interfere in your land and stealing coconuts and also file the petition in the same civil suit for police protection against your step brother. For filing the civil suit you can also contact me my details will be send to your registered Email ID and Phone number.
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Answer #2
799 votes
you can file a suit for injunction against your brother as you got a registered will and then seeking restraining him to enter into your land please keep note that after filing of the suit you need to prove the execution of will under section 65 of evidence act by adducing the attestors as witnesses
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Answer #3
721 votes
Once it is partitioned it is self acquired property of your father and so he can sell away property to any body and again he bought the same with your mony and bequeathed to you by way of will to you it is of you only no share to your brother provided the will must be probated
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