karan kumar (dpa) 24 September 2009

Mother's WILL and disowned Brother

My mother owned a Chandigarh Housing Board flat. I and my mother have to shift in 1998 because of addicted elder brother who is still unmarried as he was not under control of us. He used to beat mother. He now lives there. My mother made a WILL (Registered) in 1999 in which she wrote that house will be in my name after her death. My brother has no right to sell it or give it to any tenant (it is just two rooms flat and only one entrance). My brother can live there as long he wants to live.

He used to fight with his neighbours. My mother disowned my brother in 2006 by giving affidavit(notary) in two local dailies. In 2007 neighbours of my brother came at our place and fight with us due to him as that house is in the name of my mother. We lodged complaint to police against neighbours for pressuring us to sell that house. Last year he gave one room to a tenant and due to nuisance my brother creates tenant throw my brother out of house. He come to us for help (earlier he did not know our address). We have to report the matter to the SSP, Chandigarh. The tenant lived there only for 15 days when we reported the matter to SSP. The tenant agreed to vacate the room within one month and he vacated flat. My query is:

1. As he cannot take care of himself what will happen if a tenant forcefully occupy that house?

2. Will I be able to transfer that flat in my name with above written wording?

3. As he is threatening to sell the house, can he sell it?

We have to call police repeatedly since last 2 years as he knows our address now and he creates nuisance here at my place and disturbing my life. Last year, he was send to jail for three months because of this.

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6 Replies

(Guest)

Karan Kumar ji, You can not execute WILL now. Your mother has every right on it . She has right to modify her written WILL. Except your brother, if anyone stays in your flat without your knowledge you can lodege a police complaint for Criminal tresspassing. If your mother wishes she can transfer the house on your name. None has any right to sell except your mother.

adv. rajeev ( rajoo ) (practicing advocate) 25 September 2009

Karan G0od Morning,

Will, will come into existence after the death of the testetor, now u cannot get enter your name to the house property..

U have to tackle this matter legally, Ur mother will have to file an injunction suit against ur brother restraining him from selling the property, it is just to threaten him. After obtaining the injunction order publish the public notice in the local news paper that in the so and so case injunction is obtained against( ur brother name) so if any body purchasesuit property they will be under loss.

Some times ur house may be occupied by the tenents forcefully, then u have to take the police help and you will have to file a case against that tenent.

karan kumar (dpa) 25 September 2009

Thanks Shri Rajeev s Vadrali ji and P. Sathya Prakash Ji,

Please specify what is injunction suit and what is the procedure to get it. Would my mother have to get the services of a advocate for this. And how much time and money it will take to get injuction. I only want that nobody illegally occupy the flat.

Adinath@Avinash Patil (advocate) 26 September 2009

Your mother can execute new Will in favour of you.

william lobo (consultants for electrical projects) 28 September 2009

Injunction is like stay order from court but only this can be obtained quicker. As your mother is alive you have no problem your mother can change the will and register a new will in the will registry office.

In the meanwhile the flat is in the name of your mother and hence your brother or anyone cannot sell it.

Best is to get a good lawyer and he will help you out for small fee.,