Suffering from severe family problems
rahul
(Querist) 25 June 2012
This query is : Resolved
Respected sir/mam,
This is Rahul.I'm suffering from severe family problems.We belongs to hindu family.We are 3 brothers,3 sisters(married) & mom.Me the middle one among 3 brothers.My father was expired before 2 years.Our all properties and business are owned by my father itself.
The problem is that my elder brother is very cruel,selfish,dishonest..my father died before time due to him only.He always rule over my parents,torture them,argue
with them in every matter which results heart attack & death of my father.Now he is free from any boundations,he thinks himself the owner of all properties & now he do
whatever he wants.He kept all the income which comes from business owned by my father & he takes advantage of all landed properties also through rental income.He makes our life ruined.I have lot of tension & pressure of work so i don't believe in daily fighting like animals among each other for my rights.I'm married ,doing private job and suffering from financial problems.As i know talking with them for my shares will be only wastage of time so i want to proceed directly with law So please sir provide me your advice for the following queries & for the act of your kindness i shall ever remain grateful to you:
1)How do i get my shares with the help of law.
2)Will law help me in this matter to get my shares.
3)If elder brother or mother deny for separation then is it possibilities of separation.
4)Where i have to go to suit a file for my share.
5)If i suit a file for separation then how much time it takes to get my shares.
Thanks & Regards
Sudhir Kumar, Advocate
(Expert) 25 June 2012
Yours is not a new story of the kind.
This happens.
Cooly meet nearest available lawyer.
adv. rajeev ( rajoo )
(Expert) 25 June 2012
file a suit for partition & seperate possession of your share. you will get equal share
mahendrakumar
(Expert) 25 June 2012
eventhough you are legally entitled,go for a case only after exhaustion of all other avenues like involving of other elders of close relatives and friends etc.
Adv.R.P.Chugh
(Expert) 25 June 2012
The property is liable to be partitioned in 7 equal portions. You can at anytime file a suit seeking :-
i) Actual partition or Joint Possession.
ii)Permanent injunction i,e Stay over the property whereby your brother would be ordered not to involve any third party interest in the proprety to defeat your rights. (this is most effective and may make your brother give in to your share here only)
iii) accounts for rent/income accrued over the years.
If in case if you seek partition and mother and brother resist the same they have the option of buying out your share.
Feel free to talk !
SAINATH DEVALLA
(Expert) 26 June 2012
Agreeing with the apt advices of the experts,sit with a local lawyer discuss everything in detail and file a suit for partition.
K.K.Ganguly
(Expert) 26 June 2012
File a suit for partition of the entire property along with the income therefrom.
