Legal Question in Family Law in India

Sir,

My father has earned some property and some has come from our forefathers and all the property is on my fathers name but all of the sudden he has died. As we are 2 sons and i daughter and also my mother is alive . My elder brother has never looked on our parents has he converted into christainity and also made marriage against the wishes of my father. Uptill, now he never came and asked about my parents were about or had any concern about my parents or siblings. he never took any responsbility of being the eldest in the home. But now after the sudden demise of my father as the responsible persons of the familiy me, my sister and my mother together told him to perform the last rites to the father but he refused and i being the younger son had taken the responsbility and performed the rites. But now the problem is that he is asking the shares and rights of being the son of my father and also threatned to step in to the court for the division of the property.

Sir whats your opinion on this,

as my mother is telling and is willing to divide the property on me and my sister and not give to the elder brother

As the whole property is on my fathers name can it be transferred to on my mothers name and then can my mother can wish to divide the property legally to us

I hope u understood my problem and give the good solution to this problem as my concern is about my mothers health and her concern is about my sister and me. As of now im not married and my sister is a divorcee. My mothers also concern is about me because my brother is even willing and planning some kind of murder plans on me for the sake of the property.

kindly requesting u sir to give good solution to this problem


Asked on 1/25/16, 12:34 am

1 Answer from Attorneys

1) Do u hv any proof of ur brother having converted into Christianity or on record Hindu for benefits and observe/ follow Christianity. While marryng if the marriage was performed in a church, then he is for certain had converted christian. What are the names, father's name, religion of his children as recorded in school certificates. Is there any proof/ video that he didnt perform ur father's last rites or the record of Thalari to that effect. First collect all the evidences covering, ration card, voter ID, any Government records to show that he is a converted Christian. Then he is not at all eligible.

2) If otherwise continues as Hindu on record, since ur father died intestate, in the absence of any Will/ Gift to ur mother, all the legal heirs including ur eldest brother and widowed sister have the equal share both ancestral and self-acquired.

3) If u feel life threat, then immediately consult a local experienced property law expert Advocate of repute who will guide u in filing both civil and FIR with the police and seek court intervention. U can also take his help in getting the documents carefully in confidence without the knowledge of ur brother.

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Answered on 1/25/16, 1:29 am


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