Community › Forums › Legal Advice India › Bankrupt brother forcing division of father’s and mother’s property
- This topic has 23 replies, 19 voices, and was last updated 1 year, 5 months ago by
Shreyasrider130.
-
AuthorPosts
-
-
UUser_baa821a4
PARTICIPANT
January 10, 2025 at 6:26 pmBankrupt brother forcing division of father’s and mother’s propertyMy brother (45) is bankrupt and forcing division of deased father’s property. I am (49) the eldest brother and work in IT. I have a wife and 2 kids. He was a problem kid. He did his MBA in 2004 and was employed on and off. His MBA college fees was paid from my pocket. He got married in 2011 and both him and his wife are lazy people. They fool around spending father’s money. Since marriage they are away from our home. Father use to give half his pension for their expenses in a city. They would never inquire about my parents’ health nor do any service. Durind COVID days, Father got a major brain stroke and was bed ridden, they never served him even a day for 2.5 yrs. I, my wife and my kids served my father. I had another brother(28, when deceased) who had passed away with Cancer in 2008 and I paid all the expenses from my pocket. He even went to Dubai on a pretext of finding a job and came back empty handed. Father’s footed the entire expenses. Father passed away in 2022. All his medical expenses, final rites, rituals like 3/15/40/365 days were born by me. Not a single rupee was contribution.
Now he and his wife want division. The same wife and her family wanted a divorce after father passed away and I never obliged to them for mediation. Today at 23:00 hrs, he called and said they along with people from his wife side are coming to my home for division of property. I don’t want to talk to them. I told my brother to talk between us – me, him and mother. But he’s gone crazy and allowing third parties within the family discussion. His in laws have pawned his gold and ornaments without the knowledge of my father too.
He wants to do business at the age of 45 now.
Please help me in doing the right thing.
TDLR: Bankrupt brother and his in laws want property division of my deceased father.
-
LLuckyvimal1501
PARTICIPANT
January 10, 2025 at 6:34 pmParasites 🦠 will be there in family. Give his share and then permanently cut all ties with the parasite-
SShreyasrider130
PARTICIPANT
January 10, 2025 at 7:11 pm🤣you don’t even know the value of property.
what is the point of view of mother who will live with mother….
now someone spend 10 lakhs upfront is entitled to enjoy crores of value property….
parasites will be who does all wrong after getting his( her share)
say not paying loan back to family
constant lying… etc
-
LLuckyvimal1501
PARTICIPANT
January 11, 2025 at 2:52 amGive him the share minus the loan. Since he is jobless the first thing he will do is sell his property for cash. Eventually he will come for the property- the sooner you get rid of parasites, the more peaceful you can live
-
-
-
UUser_8699f655
PARTICIPANT
January 10, 2025 at 6:34 pmBeing a shitty person doesn’t mean he loses his inheritance, best would be to give him what he is legally entitled to and ask your mother to make a will on how her inhertiance will be divided.-
UUser_514706e8
PARTICIPANT
January 10, 2025 at 9:20 pmIsn’t it possible for a conditional will where ops mom puts some conditions -
IIndiandude2263
PARTICIPANT
January 11, 2025 at 5:49 amYes give his share and be done with. I spent 5 yrs in court and it is not worth it . Ask him to come alone . Their in laws need not be there while discussing this .
-
-
BBravenupur8528
PARTICIPANT
January 10, 2025 at 6:34 pmHire a lawyer. A good one.If there is no time, then you can get one from nearby court for time being as representative.
Find someone who seems tough, aggressive and extroverted.
NAL, you cannot stop claim of brother. But you can possibly obtain stay on above grounds mentioned.
If nothing, atleast there will be equitable distribution. Bringing inlaws is to twist arm all the inheritance.
-
BBraveseeker242
PARTICIPANT
January 10, 2025 at 6:38 pmHe has legal right unfortunately.Do partition and cut losses.
-
UUser_cca667a8
PARTICIPANT
January 10, 2025 at 6:38 pmWhat is your primary grievance? Your brother forcing a division or your brother demanding his share in the father’s property? It sounds more like the latter. I think, you are more upset about the fact that while you shouldered all the responsibilities, your younger brother who never lived up to your / family’s expectations still stands to gain out of the inheritance. If that’s the case, you will have to bite the bullet here, because legally I think, your younger brother cannot be denied his share in the property.Also, do not turn bitter for doing your bit towards your parents, your brothers or your family. You were being honourable to everyone you deemed an important part of your life. Easier for me to say but you may lose in matters financial – a few lakhs here or there won’t even count in the long run, but nobody can ever point fingers at you that you let people down.
Given your version of your brother’s life, the chances of him squandering the inheritance are quite likely. If I were you, I would take the financial loss in stride and focus my energies on moving on and ahead in life than deal with all the strife and bitterness.
-
UUser_732067bf
PARTICIPANT
January 10, 2025 at 6:47 pmUnfortunately you got to give what is legally his and cut ties with him and move on. What he does with it or which hell he goes to will be none of your business -
SShreyasrider130
PARTICIPANT
January 10, 2025 at 7:08 pmYou want to enjoy all properties because you spend some money out of your pocket.You sound wrong here..
Deduct your part of expense and give his share.
Law is like equal share for mother and sons in absence of will.
Why indians wait so late to act.
I can bet property value is humongous….
You didn’t say a word about custody of old age mother….🤣
-
UUser_baa821a4
OP
January 11, 2025 at 3:33 amShe has always stayed with me. My brother wants the property to be divided into two and not three. His in-laws are claiming father’s family pension would suffice. I have never entertained them. Father has most property in mother’s name. I also had transferred my deceased brother’s property in mother’s name too for the fear of litigation like 498A etc.-
SShreyasrider130
PARTICIPANT
January 11, 2025 at 6:44 amNow picture is clear
Anger will not help you.Think of your children only.
Your children good future.Equal share for autistic sibling is my way of ethics.
I am victim of parents poor choice of action.I was treated like trash because I am like no trouble to anyone attitude.
Elder idiot dropped for 1 year, then 7 lakh for donation for seat in pune college.
7 lakh property if purchased that time is now 3.5 crore minimum worth in 2024Interesting part that idiot drop after 2 year of college. 😡
I understood all this very late..
Don’t want be vocal, be reserved always record them
Answer in affirmative but do your own thingLife is precious leave without baggage.
-
SShreyasrider130
PARTICIPANT
January 11, 2025 at 6:46 amLive without remorse and baggage?!
*
Don’t show true intentionShare should be given within time ( you can’t choose neighbour or sibling as said by atal ji
Yes be smart
-
-
-
-
UUser_ec44e66d
PARTICIPANT
January 10, 2025 at 7:09 pmHire a lawyer divide everything and just done with it not worth of fighting with these kinda morons -
IIndianveer5698
PARTICIPANT
January 10, 2025 at 8:28 pmIt’s your father/your fault for not making a will. He has a legal right to 1/3rd of your father’s property. You can deduct whatever you spend on your father -
MMeerahawk636
PARTICIPANT
January 11, 2025 at 2:55 amDo partition and then cut off ties forever. But ensure it is divided three ways. Your mother has an equal share too. After the partition you can have your mom transfer to you or execute will.Other option is to refuse and let them litigate. But not worth the effort.
-
FFierceanirudh9723
PARTICIPANT
January 11, 2025 at 5:41 amYour father should have settled this during his lifetime. When the previous generation ignores, the next generation fights. Your brother is legally entitled to 1/3rd of your father’s assets. As for your mother’s assets she can still make a will and bequeath her assets to you if that’s what she wants. -
UUser_deccf055
PARTICIPANT
January 11, 2025 at 6:10 amHow is it father’s property if it is in mother’s name?
Wht bs is this?are u guys just taking her for granted? Your mother now needs to take a call. He has to respect whatever mother decides. -
UUser_756fa141
PARTICIPANT
January 11, 2025 at 11:45 amHe’s well within his rights to ask for his inheritance even if he sounds like an sob -
MManishtiger507
PARTICIPANT
January 11, 2025 at 1:14 pmThe division is easy and should be done silently, while everyone is alive. -
SSmartzara5649
PARTICIPANT
January 11, 2025 at 1:53 pmYour brother’s wife is part of your family and not third party. Your brother is entitled to a third of his father’s /ancestral property (unless your dad made a will). If your mother wants, she can make a will, else her inheritance will be divided between you two when she dies as well.If you have the money you can probably buy his share of the property if it’s sentimentally important. Best to take a lawyer specialising in property disputes with you in the property discussions if he’s bringing his family
Your dad’s pension will only go to the mother. The brother and you are not dependents.
-
IIndianshivansh3984
PARTICIPANT
January 13, 2025 at 8:34 amIt might not seem fair, but all that you did in service of your parents does not count unless it was factored into the will by your father. As it was not, your brother is legally owed his share, which would be 1/3rd of your father’s now intestate estate.The best you can do is to get the estate divided among all surviving heirs and then ask your mother to make a proper will in your favour.
This would both give your brother his share and provide your 66:33 share
-
-
AuthorPosts