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House in the name of my deceased father

(Querist) 02 July 2015 This query is : Resolved 
I am a Govt employee aged 45 years married and staying with my husband (working in a private organisation) and two daughters (studying). I have an older brother, working in a private organisation (aged about 47 years - married with a son) and an younger sister (aged about 35 years) who is mentally retarded.

My father, who was a Central Govt employee, owns an independent house (valued presently about 2 crores). This house is not hereditary. He was staying in that house along with my mother(house wife) and my mentally retarded sister. He had suffered with paralysis for 12 years (completely bed ridden - he was able to talk and only left hand was working) and expired in 2007.

My father had given terrace rights (1st floor) to my brother during he was suffering from paralysis. My brother has constructed a house in 1st floor and staying there separately with his wife & son.

My mother, along with my mentally retarded sister is staying separately in that house after my father's demise. My mother is a beneficiary of family pension. We are still getting the electricity bills etc., in our father's name only. My brother is not in talking terms either with me or with my mother. My mother and my sister stay in ground floor and my brother stays in 1st floor. My mother once told me that after my father's death, my brother quarreled with her and took the house documents from her.

My brother has not taken care of my mother and my sister since then. I used to take care of them in case of any need.

My mother expired recently in June 2015 at an age of 68 in my house. She did not leave any will. My brother is not willing to take care of my mentally handicapped sister. So, I am taking care of her. My brother is talking as though he is the only legal heir of the house - like talking about giving the house on rent, locking it etc.

Now, my query is,

(i) Do I have any legal right in the house? My father had gifted me a separate plot (present value is about 50 lakhs) at the time of my marriage which is registered in my name. Whenever I talk about the house with my brother, he always says that I do not have any right in the house since my father has already given me the plot at the time of my marriage.

(ii) Do my sister get any portion? She will also get family pension after my mother.

(iii) Our close friends are saying that my brother has all the necessary papers that the house is in his name (signed by my father). Even my mother once expressed this doubt. In case this is true how do I know about it, since my brother will never talk about it and also the house documents are with him. He is already having the house key in his custody after my mother's death.

Please guide me in these matters, as we do not have any elders (like uncles, aunts etc) who can solve this problem.



Y RAJYALAKSHMI (Querist) 08 July 2015
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