Dear experts,
Let me specify the situation of our property and family conditions.
Property - A house in the name our deceased mother (transferred to her after the death of our father). So it is INHERITED.
Family - we are 3 siblings - 2 brothers and 1 sister. Both brothers are unmarried and sister is married (long back).
We are under Hindu inheritance law.
My mother expired without making any WILL.
Issue - the eldest son is classified as seriously mentally afflicted (paranoid schizophrenia) for a long time. I am bearing all the expenses of his rehabilitation, medication etc. He is aged 56 and doctors have given very little hopes of his recovery as a normal and logical thinking person. So I am in the process of getting the family pension extended to him and myself acquiring the role of his guardian as per laws. Guardian certificate is needed for government to transfer family-pension etc.
Now, my queries
1) According to the law, my sister is eligible for 1/3rd share. She got married long back (1975). Now she is getting her family pension after the demise of her husband and living independently. Does her date of marriage/assured-pension make any difference for eligibility (proportion etc)?
2) Again my elder brother is eligible for 1/3rd. As he is classified as mentally unstable, what would happen to his share after his death? He is unmarried. As I would be his legal guardian, would I get entire rights of my brother's part? What would be my sister's eligibility?
3) Since I was the main financial care-taker of my parents home needs/treatment during final phase of their lives, does it give any special privileges to me? My father and mother earned their pension/family-pension but I had to bear all other extra requirements.
4) I am bearing all the expenses of my brother's treatment (he has been continuously placed in a rehabilitation center after mother's death). Also I would be his legal guardian for treatment, pension etc. Does that give any special privilege in brother's proportion after his expiry?
5) My sister has 4 daughter (3 married as of now). Will their (daughters of my sister) concurrence (through signatures) be required for sale/transfer of my sister's proportion to myself?
6) I believe that I can make a WILL for my proportion (still unclear) now itself (I am aged 36)?
I intend to settle the issue amicably as soon as possible with the goodwill of all.
Please advise.
Regards,
Harsha
