Hello everyone!!
I have some doubts on my legal position and rights in respect of
properties left by my father. When my father died, there were
three members in the family - Mother, me and my brother.
Now my brother has got married with two children and I am
presently doing my higher studies. My dad had
left land - two in Chennai and one in our native place.
Few years, after my father's death, my brother wanted to
sell one of the land to fund his higher education. I was minor at that
time, and on the basis of trust I and Mom signed the papers and
he got the entire money into his bank account and used it fully
for his own purpose alone, not a single paise to pay for my education also.
(My mom was working at that time and she is the one who paid all
my fees). Now, out of the balance money left plus a loan which he had taken,
he had constructed a house in Chennai land (the other one left) and we all
live in this house. The problem now is that he has refused to pay any maintenance
to my mom (she is not working now due to health problems), he is forcing my mom
to convey the properties in his name, which we are not doing due to the past experience
and the consequence is that every other day there is a fight between my mom and brother,
or me and my brother. He and his wife picks up the silliest reasons to shout and use abusive
language and have been constantly asking us to get out of the house since it has been built by
him. Since I am also still studying (with my own funds and loans), I am not in a position to take
any legal action, as filing case will require me to attend courts, appoint lawyers, etc. and
will disturb my studies, apart from the fact that I have no money to do all these. I will be
finishing my studies in a year's time. So what is my position, What is the quantum of property
that belongs to my mom and me? Does the house and the adjoining land belong to my brother
as he is paying property taxes in his name and he had constructed the house? What are the other
legal actions I can take on my brother and his wife for the kind of treatment they are giving now?
