House right after my mother death

sanjay singh (Querist) 21 January 2022 This query is : Resolved
I was staying with my mother since long but my elder brother who were not in touch after his love marriage.since 22 years.My brother were like abscond,there were no relation with me as well as with my mother.Now he wants property right after my mother death from my mother house which was owned by my mother own income.At present I am younger son staying in my mother house.I am the nominee of the said house.Not only that I am maintaining the the said flat since 15 years that is my bank detail is showing.Before I used to pay in cash for maintenance.More I was maintaining my mother too for my medical Bill's to food every thing.Now my mother is expired and my brother is demanding his rights in my mother bank account and property.

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Following your mother's passing, your elder brother, despite being estranged for 22 years, is now claiming rights to your mother's property. While you were the primary caregiver and financially supported your mother, under Hindu Succession Law, if your mother died intestate (without a will), both you and your brother are legal heirs and entitled to equal shares. Nomination alone does not override legal heirship. It is advisable to consult a local lawyer to understand your specific situation and legal recourse.

Advocate Bhartesh goyal (Expert) 21 January 2022
Your mother died intestate so her property ( immovable & movable ) rights devolves to her legal heirs( you and your brother). It is immaterial that he did never take care of your mother but he has legal right to get equal share in the properties left by your mother.

P. Venu (Expert) 21 January 2022
In the absence of any Will or gift executed in your favour by your late mother, your brother cannot be denied of his rights. In this context, the nomination allegedly executed in your favour is of no consequences. So are the other aspects highlighted in the posting.

kavksatyanarayana (Expert) 21 January 2022
It is presumed that you are Hindu, and your mother died intestate. So all the legal heirs of your mother have an equal right over the property. You take care of your mother as a moral duty though your elder brother ignored it, legally he has also equal share with you if only both of you legal heirs.

Dr J C Vashista (Expert) 22 January 2022
Vague and incomplete facts have compelled experts to presume one or the other fact of the case such as execution of will by deceased (if any), religion of deceased (Hindu, Muslim, Christian or any other), how many siblings are there.
It would be better to consult a local prudent lawyer for appreciation of facts/ documents and professional advise.

sanjay singh (Querist) 23 January 2022
I come to about Hindu Succession Act. All legal heirs has the right in my morher property but so many times I have seen High Court has power to decide on moral based. In short My brother was abscond more than 22 years.My mother has given statement in her dv filed by mother against my wife.My brother is staying separately since after his live marriage.After that no relation was maintained.My mother get admitted in hospital by me (younger son Sanjay Singh).I having a financial crisis from feb 2020 but previously I had medical policy doe my mother and I admitted her once in private hospital but this feb 2021 I supposed to goto private hospital but due to lack of financial support I brought her govt cooper hospital vile parle mumbai.I reached 9n time in a hospital but due to negligence of casualty dept of a hospital she got brain stroke and they were treating her as Corona Patient.After 24 hrs I got to know she is negative but it was too late she did'nt get proper treatment.There are two parts in a brain both was damaged.After that she never responded or brain dead. I mean to say When doctor said about my mother she must be corona symptom.I said to my elder brother please you and your wife both are earning they were estate agent and car dealer.They never supported to my mother in any form of financial as well as any moral support.I was crying and shaking please save my mother life because doctors of govt hospital will killed my mother and admitted in Corona Dept.My brother said to me no you can't take her back she would die if we leave this hospital. My question to all " Is this kind of son?" who never supported in a last breathe and now he has come for the property. Judges are blind only see what is written in law of property rights.They don't see the betrayal son of mother. As a son our obligation towards our parents are bound soon after birth but my brother he was elder than me he himself decide for his love marriage and left my mother alone.Any hiw I started earning and start supporting her.One more about my mother was also abandoned by my father.She was a father and mother for me. How much she has struggle for her livlihood as a son I feel her pain about my mother.In that situation my mother and I were stand again. I am requesting to all experts please help me to get justice against my mother.Every one is saying not a single ruppees of my mother should go to my brother as well as to his wife.
Regards,
Sanjay Singh

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