Elder brother is forcefully stopping to give my part of property

175 votes

As per your query all property is in the name of your mother, in that case you cannot claim property from your brother. It depends on your mother, if she makes a Will and divides property between both of you then you get the share.

But here is one condition that the Will can be executed only after the executor's death. In your case your mother is alive. now you have only one remedy to file a suit for the partition before the court to get your share in the  intestate property.

But if these  properties are self-acquired by your father not intestate or ancestral then you could not get anything from you mother. But other civil remedy is available for you which can be suggested post knowing more details.

LawRato LawRato

785 votes

If the property is your father's self acquired property, you can file a suit for partition and get a stay on the property. Of course once the documents and your side of the story are scrutinised I can guide you better

LawRato LawRato

883 votes

As per query all property in the name of your mother, in that case you cannot claim property from your brother. it is depends on your mother, if she makes a will and divided property between both of you then you get the share. but here is one condition will execute only after executor death. in your case your mother is alive. now you have only one remedy to file a suit for the partition before the court to get your share in the interstate property. but if these property self-acquired by your father not interstate or ancestral then you could not get anything from you mother. but other civil remedy is available for you

Advocate Akhil Verma LawRato