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Avinash (asst)     10 January 2012

Rights of younger son to get share in property on time...

We are two sons. Father expired. Elder son has borrowed money from
mother to buy third house. Mother had got money from ancestral
property. And some money in bank and LIC insurance of husband.
Elder son is not returning money. One of the house 1/3 share of mother
equal the amount what was given to the elder son. What is the procedure to transfer mothers 1/3rd share in favour of younger son.
None of the two houses are on mother name. Younger son living
separately as he had alcohol problem, and was ask to leave the house.
Now he is sober for More than two years. Brother wants 1/3rd of his share in both the
houses. And not able to understand that he has already taken money from
mother.
To be on the safer side what mother should give in writing so as younger son rights are protected after her death.
After her death Elder son do not occupy both houses. (he is using my past condition to take favour from apartment society) . Once he did also. As I refused to give power of attorney. He called rehab people from another city, got mother to sign admission papers of rehab and I was forcefully taken to another city and locked for 5 months. After coming out from rehab they did try to get signature from me on power of attorney but I refuse.
Mother  is willing to transfer 1/3rd share of one of the house in favour
of younger son, so as it becomes equal for both the sons. Younger son
is worried if mother does that elder son may create problems, by not
supporting her in rest of her life.
Elder son not willing to sale the property. Younger son is 34
wants to settle in his life as well. After mothers death elder brother
can influence apartment society office to give him control of the houses as younger
son is a declared alcoholic.

I am confused. Already becoz of my alcohol addiction I have damage my health mentally and physically, and relationship wise. I believe in Live and Let Live.

Please help



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