You can claim your share in the said property by filing partition suit if the said property is purchased from dads funds and dad died intestate

1) your father can file declaratory suit that he is absolute owner of 2 house bought in mother name as full consideration was paid by him 

2) seek injunction restraining sale of house by younger brother and to set aside transfer made by mother in brother name 

3)seek expedited hearing as he is senior citizen

4) contact a local lawyer 

Mom and Dad are separated but not divorsed. Younger brother is taking care of Mom and stops Me and Dad from speaking with her. Dad was the only earning member of family and he bought two houses in name of Mom, one in younger brother's name when he was minor with Mom as gaurdian.


One house purchased in name of younger brother when he was a minor, becomes his property, since after attaining majority he has assumed ownership right over the same and has not repudiated that transfer. However despite that your dad can claim on that property as well as other houses since the contribution was his. The fact that the houses were purchased in the name of son/wife, was only as a part of family arrangement and for convenience. 

Now that Mom is not speaking with us he is taking full advantage of this and has got all the properties transferred to his name.

from your query it appears that one house was purchased in your mother's name and another in your younger brother's name with your mom signing as her guardian. I want to know by what document of transfer is the house that was bought in your mom's name, has been transferred to your brother's name and whether that document is registered?

Dad contributed to the purchase of all these properties about 15 to 20 years back but now he is left with no house as all of them are transferred to younger brother's name. He is currently staying at one of the house but facing ill treatment from younger brother. 

how many properties are there in total? one was bought in mother's name, one was bought in brother's name, and the details of remaining properties are not clear from your query

Except the current house where he is staying along with Mom/ Younger brother, possession of other two houses are with Dad, he has rented it out.

if all the properties are transferred to your brother's name, then how is your father renting out the same? would not the licensee question the authority of your dad in renting out the property when he is not the owner anymore. Please give precise and clear details. It is very vague

Younger brother, as he couldn't get the possession eventhough the property name is changed, he has mortaged all the three properties at Bank and not Paying EMI, when Bank approaches him he says that he doesnt have money for EMI and forces them to take possession of these properties.

is the bank to which the properties are mortgaged, aware that they are rented out as you say above? 

Mom is signing for younger brother whereever he wants her to, thats causing a lot of issues.

your mom can only sign for the properties of which she is the owner. She cannot sign for the properties belonging to your father. However if the property was purchased in the name of your mother, then she may be signing for those. 

Dad is aged 65+ and has some medical issues, if we file civil case that will drag many years, younger brother will be happy and wait for Dad/ Mom to pass away

there is no other option. It is given that such cases take several years to resolve. But that is how it is. There is no escape to it. If your or your dad's rights are being jeopardised then if for you and you dad to take legal steps. You cannot wait like this and see things happening in front of your eyes. Even court deprecates such conduct when the litigants file cases belatedly. If you and your dad keep allowing your brother in what all he has been doing then the doctrine of 'waive and acquiescense' will apply. Also the doctrine of delay and laches will come into play. So you'll must take swift and immediate steps. Police complaint is not enough. The civil case may take several years. That is there. But you can always apply for interim reliefs and obtain stay orders from court to maintain status quo till resolution of dispute. 

There is already a FIR with Police regarding this Family dispute logged almost a year back and we didn't followup on that.

not enough

Is there anything Dad can do legally to claim ownership of these properties or atleast to get his name in Encumbrance Certificate of these three properties (as Dad was the one Contributed to purchase of these properties) so that younger brother doesn't sell them?

CIVIL CASE - IT IS A NO BRAINER!!!

Below are the different types of Documents which we can create at Tamil Nadu registration department, please advice if any of them will be helpful in this scenario, so that Dad's name comes up in Encumbrance Certificate of these properties

1.	Sale Deed

2.	Construction Agreement Deed

3.	Mortgage without possession deed

4.	Mortgage with possession deed

5.	Deposit of Title Deeds

6.	(General) Power of Attorney Deed

7.	Settlement Deed

8.	Partition Deed

9.	Release Deed 

10.	Deed of Receipt

11.	Sale Agreement Deed

12.	Gift Deed

13.	Lease Deed

14.	Exchange Deed

15.	Will Deed

16.	Rectification Deed

17.	Ratification Deed

18.	Conveyance in favour of Mortgage Deed 

19.	(Special) Power of Attorney Deed

20.	Further Charge Mortgage without possession Deed

21.	Further Charge Mortgage with possession Deed

22.	Revocation of Settlement Deed

23.	Promissory Note 

24.	Will Cancellation Deed

25.	Cancellation Deed

26.	Partnership Deed

27.	Trust Deed

28.	Adoption Deed

29.	Dissolution of Partnership deed

I CAN LIST 20 MORE DOCUMENTS BUT WHAT'S THE USE IF YOUR BROTHER IS NOT WILLING AND EVEN YOUR MOM IS PREVENTED. FOR THAT ONLY THE COURT CAN DO SOMETHING!

No hurry in Response, please take your time and respond back after detailed review

Have to file declaration suit. Mere purchasing in the name of wife and child, dose not make them owner, title vest in contributor but this have to declare by court as property documents are no tin his name.

None document can execute unilaterally, neither ub registrar has authority to cancel/change registered document, only court. 

Get the declaration of tile from court and than father can give it you. Even now father can gift the peropty to you, than you have to file declaration suit.

And against bank auction, get stay from court/DRT.

1. As a student of law you are advised not to 'create' any of the stated documents which does not exist as on date since it can be challenged later on and proved to be created. In case it isa nproved that any such registered document has been created, then non of your legal cases will be he ard by the Court for not co0meing before the Court with clean hand.

2. As regsrda your instant problem, your father shall have to file a declaratory suit praying for a declaration that he had paid the entire consideration for buying/constructing the said properties in the name of your mother and minor brother out of love and affection which is required to be registered in his name now duly deleting the names of your mother and brother. He should also pray for declaring all subsequent deeds of conveyances in connection with the said properties regitered by your mother as invalid.

3. Alongwith the said suit, he should also file an application praying for an order restraining yopur mother and brother in alienating the said priopery in any way whatsoever.

4. Hope your father had rented thiose two houses before your brother could creat security interest thereupon whikle taking loan from the Bank.

5. Arrange to get two SARFAESI Applicatios (S.A.) filed by the two tenants (let your father bear the expenses to file the same for them)  u/s17 of the SARFAESI Act,2002 praying for an order not to evict them while selling the hopuses and sell the houses as per the Act alongwith them as tenants. No sale will take place since no body will like to buy houses occupied by tenants.

6. Engage a local lawyer having expertise in this field.

since your father bought the properties on his wife and the other son's name, he cannot claim title of the said properties for any reason.

However as a last option he can file a suit for declaration to declare his title to the said properties on the basis of the evidences for having funded for the purchase of the said properties, though there is no guarantee about the maintainability of this suit, he has no other legal option before him.

No way he can create an encumbrance to the property on his name.