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 8 years ago in Property Law
Religion: Hindu
First of all thank you all immensely for the kind guidance.
One thing which I want to inform further to my previous question is that the although my father had not made a will before his death. The house property was transferred to my mother’s name entirely by the housing co-operative society board immediately after the death of my father.
So, Now the entire house property is in the name of my mother.
She wishes not to give any portion of the immovable property to her sons who has not taken care of her in her old age and had bought such pains.
As a helpless child I had tried immensely to safeguard my mother from the sorrowful miseries however I was reluctant to approach the legal channel to safeguard my family’s dignity and my father’s good name in the society.
However, despite my numerous efforts all I m getting back from my brothers and their spouses is filthy abusive behavior over phone and in person. Sometimes it turns into threatening replies.
I in my late 50’s am going through immense mental trauma as such owing to the state of my helpless mother left alone in my native and which is eventually also affecting my hypertensive health.
Kindly suggest a way out of this situation or is there a method which my mother wishes to know wherein she can transfer the entire property in my name so that the property can be liquidated and it’s returns can support for her leftover life in a comfortable way.
Can the property be gifted thru a gift deed and in that case does the brothers have rights over the property once again?
Kindly advise
Asked 8 years ago