Naresh Kumar Subramaniam
in Family Law Civil Law Criminal Law
Asked July 13, 2017

Brother harassing family

  • 4 Answers

I live with my wife children and father my mother passed away last oct after suffering from cancer both my parents are govt employees and I work for a UK company . my brother his family lives in the first floor we live in ground floor every two month once my brother give some sort of troubles like abusing and threating my parents and always blaming me and my wife he always says I take all the money from my parents but I fact my father give him a amount every month . last july we put a protective roof in front of our home to safeguard two wheeler and cycles from rain and sun while my brother did not give a single rupee me and my father shared and raised the roof but it led a ugly verbal abuse by my brother we had to go to the local police station to put the roof and my father and mother gave a written complaint to the local station and my brother also gave a complaint not sure what exactly he wrote to them the inpector seeing my old parents who were 74 and 75 years warned him and after a month my mother passed away. after a some months my brother is again giving problems like verbal abusives and threatening my father that he will put him in jail. my brother is a member of human rights and put a board he always fights with neighours and family members using human rights name . he has writted to my office in UK complaining about family issues and very bad remarks about me and my wife . my father has clearly told him that the property which will be divided equally and he will do it asap. he has already settled my sisters by selling another land and took their signatures as well. since iam travelling most of the time my family is under severe stress because of my brother . what is the best legal way to stop his harrasement and threating statements and abusements it become so unbearable . my brother worked earlier with IT company in hardware now not sure where he is working but sells computers etc. kindly advise

Answers 4

Hello Sir,

If the property is self earned property of your father, he can dissmiss your brother's right from the property. Otherwise too being a senior citizen he can demand the protcetion from The Hon'ble  High Court. 

Even he can file Mental harrassment Case too. You were not clear about your location of Residence.

Always try to sort out te matters out of Court by Mutual Talks, otherwise you can Contact Us on 9278457822

Agree Comment 0 Agrees over 4 years ago

The harassment caused by your brother may amount to  public nusiance under     S. 268 of IPC which includes any act of a person that causes annoyance to the people living in their vicinity, i.e., to their neighbors. As you have already filed a police complaint, you may file a suit pressing criminal charges against your brother under this section. This section provides for public nuisance where the act affects the public or neighbours in general. If you wish to file a civil suit for nuisance you would have to establish private nuisance by proving that the act of your brother affects your enjoyment of your property exclusively and specifically.

As you have said that your father wishes to equally divide the property, I am assuming that the first floor occupied by your brother is owned by your father. To prevent such harassment, it is not advisable that your father transfer half of the property in your brother's name, instead he may want to settle your brother's share via a separate land as he did with your sister. By transferring the title to your brother, you would provide him with a legal right to occupy the property perpetually and it would hence become difficult to avoid harassment.

Agree Comment 0 Agrees over 4 years ago

you can file a complaint against him in the Police Station alleging abuse by him to your father and your family and causing mental torture. 

the best possible way is to divide your share of the property as soon as possible and start living seperately.

If your father's property is self acquired and not ancestral then he can even not give your brother a single penny. but that is totally discretion of your father.

Agree Comment 0 Agrees over 4 years ago

Your father can file the criminal complaint for the abusive words and threaden ocaused by your brother. If the concern property is your father's self acquired property then he can settle the property to any one as he wishes. In case if it the ancestral property you can partitioned the same. In such circumstances, your father also have equal share as like you. Intereference of your brother in your peaceful possession is concern, you can file a civil suit to restrain him by an order of injunction not to interfere with your peaceful possession. 

Agree Comment 0 Agrees over 4 years ago

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