problem related to Will of my parents

[singh r k]

Sir,
We are two brothers and 3 sisters .MY parents have Evicted my younger brother from property since he has done illegal activities such as theft in neighborhood , by publishing in newspaper column that we don’t have any more relation with him in future , a application in police station for the same and not naming him in will. Due to some unavoidable circumstances , we have to give my brother some property share , a house , which is in name of my mother. Mostly brother will register the house in his name. Does this mean that in future we will be in relation to him , for example, if he does some illegal activities in future , will police drag us in it. What should my parents do so that even after giving him the house , we still remain unrelated to him.Should we again publish in newspaper that we are un-relating him from us.Or should we get him sign a affidavit stating that after getting the house he will not be contacting or break relation with us.
Thank you.

[Dr. Ashok Dhamija]

Approximately 50 lakh offences are registered in India every year. In almost all of these cases, the parents and other relatives of the person who commits an offence, are not dragged by police as accused persons. If an offence is committed by an individual, the police would not drag his relatives and would not make them accused persons, unless they were actively involved in commission of the offence. The experience of such large number of cases registered every year does not support the fear of false implication of family members in an offence. So, you should not worry too much in this regard.

At the same time, if your family wants to dissociate from your brother, there is no harm if you give another notice in the press or obtain an affidavit from him, if you so wish for your satisfaction. As I mentioned above, ultimately, the police will not unnecessarily involve the family members of an accused person in the offence, unless they were actively involved in the commission of the offence.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[singh r k]

Thank you sir for the reply,
My mother will give my younger brother a house , which is in her name. Will in future , my younger brother can claim half share in property on this basis .He is already evicted from the parents property but due to some unavoidable circumstances we are giving him the house. Does the WILL need to be changed.

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