Thiru Vids 06 July 2024

Can i file injunction suit against brother to get him evicted from ancestral property ?

We are a family of 3 - mother and two sons living together since 30+ years in the same Ancestral property My elder brother is having psychological issues, has in recent years, taken a lot of personal loans and is threatening to mortgage Ancestral property and another self acquired property of my late father Questions: 1. Can he legally mortgage Ancestral and self acquired property without our signature/ consent ? 2. In case he defaults (which is likely), Can his money lenders claim his share of property from us ? - either by selling it or making us pay the loans on his behalf ?

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5 Replies

T. Kalaiselvan, Advocate (Advocate) 06 July 2024

1. Your brother cannot mortgage or sell the property in which all the legal heirs have rights and interests. 2. The lenders cannot lend money just on the basis of his signature alone, thus without your signature the lenders cannot grant loan, therefore you can object to the grant of loan. 3. You may file a suit for partition claiming partition and separate possession of yor share in the property and an order injunction against him to restrain him from alienating the property in any manner till the disposal of the suit

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Advocate Bhartesh goyal (advocate) 06 July 2024

Yes,ancestral property can't be sold or mortgaged by your brother without getting signatures of other legal heirs.you may file suit for partition of property and injunction and get restrained your brother .

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kavksatyanarayana (subregistrar/supdt.(retired)) 06 July 2024

Yes. I agree with the views of the above learned experts.

Dr. J C Vashista (Advocate ) 07 July 2024

Well advised by experts I concur. Nothing more to add.

Thiru Vids 19 July 2024

Thank you for the Kind advice Sir

As a rejoinder, if I could ask, what options my mother has in this case, when she is being harassed by her first son

She is very emotional and doesn't want to follow the criminal sections of senior citizen harassment/ nor file a DV case

And if memory serves me, since we are living in a Ancestral property, it may not be easy to evict him from said property - though mother has filed an elder helpline complaint - but just complaint is usually not effective and case may not reach senior citizen tribunal

We are natives of Vellore, currently residing in Bangalore

My mother is suffering abuse (she is soft just as any south indian mother)

Kindly help