Bankrupt brother forcing division of father’s and mother’s property

Community Forums Legal Advice India Bankrupt brother forcing division of father’s and mother’s property

Viewing 16 reply threads
  • Author
    Posts
    • #76798 Reply
      User_baa821a4
      Participant
        U
        User_baa821a4
        PARTICIPANT
        January 10, 2025 at 6:26 pm
        Bankrupt brother forcing division of father’s and mother’s property

        My 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.

      • #76817 Reply
        Luckyvimal1501
        Participant
          L
          Luckyvimal1501
          PARTICIPANT
          January 10, 2025 at 6:34 pm
          Parasites 🦠 will be there in family. Give his share and then permanently cut all ties with the parasite

          • #76821 Reply
            Shreyasrider130
            Participant
              S
              Shreyasrider130
              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

              • #76823 Reply
                Luckyvimal1501
                Participant
                  L
                  Luckyvimal1501
                  PARTICIPANT
                  January 11, 2025 at 2:52 am
                  Give 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

            • #76816 Reply
              User_8699f655
              Participant
                U
                User_8699f655
                PARTICIPANT
                January 10, 2025 at 6:34 pm
                Being 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.

                • #76820 Reply
                  User_514706e8
                  Participant
                    U
                    User_514706e8
                    PARTICIPANT
                    January 10, 2025 at 9:20 pm
                    Isn’t it possible for a conditional will where ops mom puts some conditions

                  • #76819 Reply
                    Indiandude2263
                    Participant
                      I
                      Indiandude2263
                      PARTICIPANT
                      January 11, 2025 at 5:49 am
                      Yes 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 .

                  • #76815 Reply
                    Bravenupur8528
                    Participant
                      B
                      Bravenupur8528
                      PARTICIPANT
                      January 10, 2025 at 6:34 pm
                      Hire 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.

                    • #76814 Reply
                      Braveseeker242
                      Participant
                        B
                        Braveseeker242
                        PARTICIPANT
                        January 10, 2025 at 6:38 pm
                        He has legal right unfortunately.

                        Do partition and cut losses.

                      • #76813 Reply
                        User_cca667a8
                        Participant
                          U
                          User_cca667a8
                          PARTICIPANT
                          January 10, 2025 at 6:38 pm
                          What 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.

                        • #76812 Reply
                          User_732067bf
                          Participant
                            U
                            User_732067bf
                            PARTICIPANT
                            January 10, 2025 at 6:47 pm
                            Unfortunately 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

                          • #76811 Reply
                            Shreyasrider130
                            Participant
                              S
                              Shreyasrider130
                              PARTICIPANT
                              January 10, 2025 at 7:08 pm
                              You 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….🤣

                              • #76818 Reply
                                User_baa821a4
                                Participant
                                  U
                                  User_baa821a4
                                  OP
                                  January 11, 2025 at 3:33 am
                                  She 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.

                                  • #76822 Reply
                                    Shreyasrider130
                                    Participant
                                      S
                                      Shreyasrider130
                                      PARTICIPANT
                                      January 11, 2025 at 6:44 am
                                      Now 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 2024

                                      Interesting 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 thing

                                      Life is precious leave without baggage. 

                                      • #76824 Reply
                                        Shreyasrider130
                                        Participant
                                          S
                                          Shreyasrider130
                                          PARTICIPANT
                                          January 11, 2025 at 6:46 am
                                          Live without remorse and baggage?! 
                                          *
                                          Don’t show true intention

                                          Share should be given within time ( you can’t choose neighbour or sibling as said by atal ji

                                          Yes be smart

                                  • #76810 Reply
                                    User_ec44e66d
                                    Participant
                                      U
                                      User_ec44e66d
                                      PARTICIPANT
                                      January 10, 2025 at 7:09 pm
                                      Hire a lawyer divide everything and just done with it not worth of fighting with these kinda morons

                                    • #76809 Reply
                                      Indianveer5698
                                      Participant
                                        I
                                        Indianveer5698
                                        PARTICIPANT
                                        January 10, 2025 at 8:28 pm
                                        It’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

                                      • #76808 Reply
                                        Meerahawk636
                                        Participant
                                          M
                                          Meerahawk636
                                          PARTICIPANT
                                          January 11, 2025 at 2:55 am
                                          Do 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.

                                        • #76807 Reply
                                          Fierceanirudh9723
                                          Participant
                                            F
                                            Fierceanirudh9723
                                            PARTICIPANT
                                            January 11, 2025 at 5:41 am
                                            Your 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.

                                          • #76806 Reply
                                            User_deccf055
                                            Participant
                                              U
                                              User_deccf055
                                              PARTICIPANT
                                              January 11, 2025 at 6:10 am
                                              How 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.

                                            • #76805 Reply
                                              User_756fa141
                                              Participant
                                                U
                                                User_756fa141
                                                PARTICIPANT
                                                January 11, 2025 at 11:45 am
                                                He’s well within his rights to ask for his inheritance even if he sounds like an sob

                                              • #76803 Reply
                                                Manishtiger507
                                                Participant
                                                  M
                                                  Manishtiger507
                                                  PARTICIPANT
                                                  January 11, 2025 at 1:14 pm
                                                  The division is easy and should be done silently, while everyone is alive.

                                                • #76800 Reply
                                                  Smartzara5649
                                                  Participant
                                                    S
                                                    Smartzara5649
                                                    PARTICIPANT
                                                    January 11, 2025 at 1:53 pm
                                                    Your 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.

                                                  • #76799 Reply
                                                    Indianshivansh3984
                                                    Participant
                                                      I
                                                      Indianshivansh3984
                                                      PARTICIPANT
                                                      January 13, 2025 at 8:34 am
                                                      It 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

                                                  Viewing 16 reply threads
                                                  Reply To: Reply #76816 in Bankrupt brother forcing division of father’s and mother’s property
                                                  Your information:




                                                  Cancel