Father's property wit my brother's custody
Querist :
Anonymous
(Querist) 28 May 2010
This query is : Resolved
Hi
I am from chennai .
My father died during november 2008 . His death was a sudden one.
I have 2 sisters and one brother .
i am the son of first wife and others are for second wife . second wife was my mother's sister.
i am in chennai working for a private company where as others are in my native place (300 kms from chennai in tamil nadu) .
As i am in chennai , my brother took over the land and other property for maintenance from nov-2008 .
during these period , he did not give me or my step mother any money or share from the earnings from the propery .
When we asked him , he gives some false account , saying that he has spend the amount on maintennace of the building , land etc ..
recently i got the "vaarisu" cetrificate from the dasildar for my step mother .
my questian is as below.
1. can i file a case against my brother asking for our share including the due amounts.
2. Or can my step mother file a case against him saying that she is the "Vaarisu" for the property .
3. If i can file a case against my brother , is it possible for me to get "STAY" against the property so that the property can not be used by him till i get the justice .
Request you to provide the appropriate solution .
With regards
SS
Guest
(Expert) 13 July 2010
It is advised to send a legal notice to your brother seeking partition of the property. If he does not come forward, you can file the suit.
For the 3rd part of your query, you can seek injunction for not to alienate the property by any means. You cannot ask him to stay away from the property. For all the years of his utilisation, you can seek the accounts and claim 'mesne profits' also.
