Thanks a lot Pradeep & Siddhartha for your quick response
My mother is a second wife.My Father's first wife expired & he has now 2 sons (3rd son expired 4 yrs back) & 2 daughters from his first wife.

For long time i avoided the legal hassle and tried to manage as much as possible and allowed him with time to take decision. Inspite of all these, some where i feel bad for my father, who is 79 yrs now and there is no one to take care of him properly. He is really struggling in his olden days and in confused state (which he was always) and not able to take a strong action/decision even he knows that whatever is happening is wrong. Also i some how feel little guilty that i took away his wife (My mother) 14 yrs back from him and left him on his own, but at that point of time, i thought it was right thing and took that step.

Now I am still not sure and in dilemma, if the legal action is right step to take and take the old person to the court and add to his struggle. I am just wondering if there is any simple way to solve this tussle.

Thanks again for your advice & suggestion

Regards
Gautam G

Hello Ajay,
Thanks a lot for your advice. 
Yes My father married to my mother after death of his first wife... 

Your advice looks sensible to me as even i feel the same within, but i wanted to be aware of all the legal support system & guidelines to protect & secure my mothers future, incase of any uncertainty. What could be the best settlement (towards securing my mothers needs) while ensuring that my father is having sufficient money for his survival.
To brief about my fathers assets (apart from his pension)
1. Current House(own earned) in Kolhapur (estimated to be atleast 60/70 Lakhs), which was forcefully transferred to elder sons kid very recently.
2. Residential plot (bought from money earned by selling ancestor property) of 4500 sqft (estimated to be atleast 60/70 Lakhs), which is in name of second son.
3. FD of atleast 4/5 Lakhs.

Thanks again for your response
Gautam Gaikwad

Dear Lawyers,
Thanks a lot for your advice. I understand from all your advice that there is good possibility of getting the due maintenance for my mother. 
To answer Ajay's question, My father pension book has record of my mother as his wife, but is it enough to make an ordinance to directly get the share of pension to her account. Is yes, how much percent she can claim & what is the procedure for it ?

I have few questions further ;
1. Could you brief me in short @ section 125.
2. In case, if i want to file the case under section 125, Can i file it @ Bangalore (where my mother currently resides, looking at her condition that she cannot travel and manager herself) or it has to be filed in Kolhapur only (where my father resides and the property is located)
3. What would be the best trade-off /compromise, if all of us (My Father, My two step brother and myself) sit and try to negotiate taking into account my fathers house, plot, FD's and his pension. What should be my logical stand (a. Negotiable and Non Negotiable) ensuring my mother and fathers survival is not affected and is taken care in the best way.
 
Just to provide more information on my S-brothers :
 a) Elder (@ 58yrs) : working in central govt, has his own acquired house(with little help from my father), has 2 sons and 1 daughter : My Father's house is recently transferred to his elder son in society (I am not sure if it is yet registered).
 b) Second Son (@ 55 yrs) : Private service + Auto, has his own acquired house (with little help from my father). has 1 son and 1 daughter : The property purchased by selling ancestral property is in his name. 

If you need any further information, i can provide.

Thanks a lot for your response and advice.
Regards,
Gautam G.

Hello Lawyers,

Just to give a brief over of my family
Mother 		:71 yrs, Staying with me for last 16 years
Father  		: 83 yrs, passed away very recently.
Step Brother 1 	: 58 yrs, staying in his own house
Step Brother 2 	: 52 yrs, staying in his own house
Myself		: 36 yrs, staying in my own house (different city)
+ 2 step sister married

My mother is a second wife. My Father's first wife expired & he has now 2 sons (3rd son expired 7 yrs back) & 2 daughters from his first wife.
My Mother (Age 71) is suffering from Dementia for last 6 years and is been hospitalized full time in a respite centre. I brought my mother to me 15 years back (since i got job) with consent from my father, since he was not taking proper care of her and she was physically & mentally abused. During this time he stayed alone & managed himself, without any support of my brothers as they too were not taking any proper care of him (One time food was given by second brother & evening food was coming from outside). On the relationship front, I  maintained it cordial relation with my father.

All through out these years, I have taken full responsibility of my mother and managed all the personal/medial expenses independently till now(Avg 30,000/M, on medical expenses + others)  and never forced my father to support it. As i knew his nature and his incapability/decisiveness to support her and take care of her. I mentioned/requested him many times to secure her life and atleast make provision for her medical expenses (through some lump sum amount or monthly some amount > He was getting roughly 25K / month as a pension. Though he always assured me that he will do something for me & my mother and tried couple of times, but could not do due to mental pressure from his sons. Also to mention you, my father during these years supported financially my brothers to buy & build their assets, education for their children, and any regular incidental expense,etc...

To brief about my fathers/Ancestral assets (apart from pension)
1. Current House( build by Father) in Kolhapur (estimated to be atleast 60/70 Lakhs) : 
	This is forcefully transferred (signed by my father) to elder sons kid in the housing society, however it is not yet registered at Tehesildar office nor the 7/12 is issued to him. On 	behalf of my mother, i sent objection letter well in advance, but my elder brother managed the society chairman and got the transfer done to his elder son. My Father later filed a 	case to reverse this, but then again he was pressurized to withdraw the case. Earlier my father transferred this property jointly to mine+ his elder son's name, but then he was 	forced to cancel it. Currently the second brother has filed a case against this and the case is still running.
2. Residential plot of 4500 sqft (bought from money earned by selling ancestor property - estimated to be atleast 60/70 Lakhs) : 
	This plot is in name of second son. He claims that he has out his efforts to buy this property. Though at many instances, he is open to share this property 
3. FD of atleast 7/8 Lakhs.-  
	multiple FD's are there under name of all three of us and his grandchildren.
4. Pension	: 
	@ 25k - which i am in process of application to get it for my mother -- which can take care of her atleast some medicine expenses 

We (Myself & My Mother) dont hold any property or share of his assets nor any financial support for last 15 years. So far, i avoided to demand any share of legal property as my brothers use to torture my father and pressurize to get the property & other income in their name. I even avoided legal action and tried to manage as much as possible not to put my father in further trouble, looking at his age & his condition. Even he knew that whatever is happening is wrong and told many times in various instances (even during his very last moment in the hospital with me). Also i some how feel little guilty that i took away his wife (My mother) 15 yrs back from him and left him on his own, but at that point of time, i thought it was right thing and took that step to protect my mother and give her a good life.

Brief about my step brothers :
a) Elder (@ 58yrs) : working in central govt, has his own acquired house(with help from my father), has 2 sons and 1 daughter.
b) Second Son (@ 55 yrs) : Private service + Auto, has his own acquired house (with help from my father) has 1 son and 1 daughter : The property purchased by selling ancestral property is in his name.

The second son, shows some support to my claim and also ready to share some portion of the land so i can build 1/2 rooms, as he has an hidden interest that if i get the share in the house, then he need not to share the land with me.

I just want to ensure that my mother's future is secured her remaining days goes peacefully and her medical expenses (which is going to last forever) are taken care, even in case something unfortunates happens to me. And i get my due share. i wanted to be aware of all the legal support system & guidelines to protect & secure my mothers future, incase of any uncertainty. What could be best settlement

I want to seek your opinion on what options i have with me and how do i go about.