• Harassment to widowed mother & sister over property by brothers

My audibly disabled mother (aged about 72 years) is widowed from the last 33 years.
My deceased father, a government doctor by profession is succeeded by his wife & 4 children (1 physically challenged married elder daughter (myself), and 3 married sons). He has also left a house as his only property and savings in bank accounts (which is unknown to me).
Having lost my father at a very early age & being the eldest of all I had somehow managed with my health conditions to up bring the family and take care of my younger brother’s educational needs.
I had even opted out for the compensatory public sector job which was being offered to me at that time over my father’s death and had transferred it to the name of my 2nd brother who is still working at the same place
Now, the first brother, an engineer by profession whose engineering studies I had managed by selling the gold ornaments then is married and settled at a different location in India, has 2 children.
The second brother who owes my father’s job is also married with 2 children and stays in my father’s house since childhood.
The last brother who had dropped from his graduation studies runs a small business within a portion of the same house and stays along with his family of 2 children and wife along with my mother and the 2nd brother’s family.
Earlier the situation was good, we all were a part of a happy family but after my brother’s marriage things started deteriorating.
My brother’s became possessive about the property, started torturing my helpless mother over household issues and food. 
Sensing the ever deteriorating conditions and hearing regular plea of my helpless mother, I with the consent of my relatives had removed the property documents (original copy) and had kept it with me in my bank safe in an attempt to overcome the situations prevailing then and to restore the peace of the family over the property matters.
However, things moved against my expectations, they (my brothers and their family) started torturing my mother even more, restricted me to meet her, answer my calls and also restricted my entry to my home. Even during a health emergency my mother is not being taken to a hospital and is left to suffer.
A very recent incident wherein my mother was diagnosed with kidney stones was left unattended until I somehow with the support of my family and relatives got her out to get operated in a hospital.
Now, my father’s savings and its usage is unknown to me from the past 35 years.
My mother runs her livelihood from the partial amount of money which she receives from the portion of the house which is rented out, the other portion rent being consumed by my 2 brothers staying there.
My mothers who has almost lost her vision and hearing senses wishes to transfer the entire property in my (daughter) name as her last wish.
The said property is of a co-operative society and is on a renewable rent of 100 years. (non-salable land by government).
I wish to donate the property to an orphanage or a social NGO instead after my mother’s death rather than passing it onto my brothers.
Kindly advise legally how this can be done and also the cost involved in the proceedings. Also please advise me on safeguarding my security and a way to know about my fathers other savings and usage. (bank details)
Asked 10 months ago in Property Law from Jamshedpur, Jharkhand
Religion: Hindu
1) I presume your  father died intestate ie without a will 

2) on his demise your mother had only one fifth share in his properties 

3) your mother can at most bequeath her share in property in your name 

4) your  brothers can file suit of partition to claim their share in property 

5) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23124 Answers
1214 Consultations
5.0 on 5.0
HI,
Its really surprising to know that instead of saving your mother from the alleged mental torture, you preferred to save the documents of your late father's property of which you have no right to. Does this property belong to you only or in simple words are you the owner of your father's property? If no, then how can you keep the documents and for what purpose? After your father's death and in absence of a will, all the brothers & sisters and mother are legal heir of your father's property. Since you are not the owner of your father's property, you can not take any decision unilaterally regarding  your father's property. 
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
First of all I feel sorry about callous and uncaring attitude of children towards their mother. But it very common now a days.
Coming to your problem, the property of your father both movable and immovable shall be inherited by his first class LRs i.e. sons, daughter and wife in equal proportion ( if he died intestate) .If at this stage you want to get your share in property it has to be divided by filing a partition suit. Your mother share then can be transferred to your name by a deed of gift, relinquishment or by way of executing a will which would be after her death. If during her life time she does not executes a will, then after she leaves this world, her share shall be divided again between her LRs including you. The movable property has to be identified to partition it. Your mother can be of help because usually movable property is in  knowledge of both spouses.
I may also advise you that a law for care of senior citizen by their children is in force and your mother can seek maintenance from her sons. Further provision for maintenance is also provided in criminal procedure code, which can also be resorted to.         
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
Hello,
1) If the property is a self acquired property left behind by your deceased father without a Will all of you siblings and the mother would be entitled to equal shares in the house.

2)You and your mother have equal rights on the property as much as your other siblings and therefore  you can claim a partition of the property or equivalent compensation.

3) You can donate or your mother can make a Will of only the portion of the property in your respective shares.
Your mother being a total dependent should file for maintenance against the sons that are not taking care of her.There are also provisions in law where the children can get criminally prosecuted for torture to mother.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1. Let your mother file a DV case against yur brothers and thgrir family members seeking protection from their torture,

2. She can also file a petition u/s125 of Cr.p.C. claiming maintenance from his two sons,

3. First let her get the property partitioned by executing a partition deed or getting the partition done by the Court by filing a partition suit,

4. After her share of the property is divided and demarcated, she can execute an register a gift deed in your favour,

5. If she is unable to get her share partitioned, she can execute and register her undivided share of the property to you and you can later on file the partition suit.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1) your mother is a trustee for legal heirs

2) mere transfer by housing cooperative society does not make your mother absolute owner of the property 

3) your mother cannot transfer entire property in your name as she is not absolute owner of property 

4)your mother can only only execute gift deed of her one fifth share in property 
Ajay Sethi
Advocate, Mumbai
23124 Answers
1214 Consultations
5.0 on 5.0
Hi,
A housing society has no power to transfer the property of your late father to any one of you including your mother. Your mother must have been made a nominee by the society which means she is caretaker of the property and a nominee/caretaker is not the owner of the property. Since you are so concerned about your health and your late father's property, best way is approach a district court for Heirship Certificate. 
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
1. If you are sure that your mother is the sole owner of the said property, she can now directly execute and register a sale deed in favour of a third party and take up a rented place to spend her life with the money she will get by selling the said property,

2. She can also execute and register a gift deed in your favour for your taking further action in her welfare,

3. Since it is her house, she can evict her sons and their families and put part of the flat under rent to earn her lively hood.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
The transfer in the records of housing co-operative society is only for revenue purposes.It does not transfer the title to her. Your mother along with her children succeeded equally to the property of your father on his demise if he died intestate. So she can make a will or gift deed in respect of only her share in the property and not the entire property. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
The said property is of a co-operative society and is on a renewable rent of 100 years. (non-salable land by government).
From this it appears that the property is a leasehold property and is under lease for 100 years, thereby not conferring rights to the allotee or the lessee. Therefore the property cannot be transferred on any individual's name after the death of the original lessee.  The legal heirs of your father who died intestate, shall be equally entitled to the tenancy rights in the said leasehold property. Your mother can relinquish only her rights to you, you can avail your share and your mother's relinquished share alone, your brothers shall be entitled to one equal share each when the rights are to be divided into 5 shares. 
As far as the money left behind, you should know the details about it, i.e., how much and who has the custody and what are the developments of that money etc, after which you can issue a legal notice to that person who holds that money. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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