Married daughters share in living fathers rented (pagri) house sale

do you really  believe that you had a right to interefer if your father has willingly during his life time transferrred his stake (now ownership)in  the property.  You stated nothing about any ancestral propperty alienated by your father.  He ust not have been a very rich man who could not even acquire a house and your benevolent brother   took him with him instead of allowing him to languish in chawl. 

Not all sons do so.

do you really  believe that you had a right to interefer if your father has willingly during his life time transferrred his stake (now ownership)in  the property.  You stated nothing about any ancestral propperty alienated by your father.  He ust not have been a very rich man who could not even acquire a house and your benevolent brother   took him with him instead of allowing him to languish in chawl. 

Not all sons do so.

Dear Sudhir Kumar ji,

With due respect to you and your knowledge and experience, I must tell you that the way you have put across your reply has a tone that is quite judgmental and rather offensive. I find that your reply insinuates a comparison between the moral values of brother versus me. I am expecting a simple objective advice. If you cannot give that and cannot resist the temptation to take a subjective moral position, then kindly ignore my request for advice.

The room in that chawl has been self-acquired by my father. My father is the first person in the family, who rented that house in the chawl when he got married with his own money. It is NOT ancestral property.  Please pardon me for I missed mentioning that in my previous post.

Further I must highlight, the Pagri system in Mumbai, was as good as acquiring one's own house, before the 80s.  Also, the kind of chawl mentioned in this case, is not the kind of shanty housing that comes to one's mind, when one mentions the word *chawl*. This house is not a *jhuggi jhopadi* kind of housing. It is a proper building. Hence, the people living in this chawl are not *languishing* per se. A good number of residents living in this Chawl have air-conditioning, fancy interiors, owned four-wheelers and kids going to upmarket schools. These residents have been living here since their parent's time. In his govt job, my father earned enough to raise a small family. My mother also used to work in a private firm. They had just the kind of troubles every middle-class earner has even today.

Moreover, in the descriptttttion in the original post, I have tried my best to present only the specifics of the matter. So it can help experts to read and understand the basic facts of the matter. I am expecting simple legal guidance from experts. 

It is easy for one to pass that kind of a judgemental remark unless one is aware of the historic facts, besides the specifics. Therefore, I think, I should reveal, that my brother has been a criminal offender in the past. My brother was employed as an Architect in one of the public departments. In 2000, he had been convicted under PCA after being caught red-handed by the ACB.  He has served rigorous imprisonment.  This had made newspapers headlines back then.  Everybody in our family, our extended family and our neighbors are fully aware of the moral values of my brother.  He had been completely alienated at that time because of the grave insult brought  to the whole family by his misdemeanor.  But the way human bonds and emotions work and owing to years of cultural conditioning, over the gradual course of time, most of us human beings have a hard time in permanently alienating a blood-relative, and we tend to forgive and forget. So that is how my brother was allowed back into the family fold. But he has never been able to turn a new leaf ever since. After his marriage he and his wife lived for a short while in the chawl and there were unstoppable episodes of ill-treatment by my brother and his wife toward my father and mother, due to which my mother and father used to stay with me and my family, for prolonged periods every six months.  Please note, my brother has been living separately with his own family in a large flat since 20 years.  But my brother NEVER took my father and mother along with him to live with him in his flat, in all the years that he has been living separately. The list of his ill-treatment is endless, and not the primary matter of this case.  Even in 2011 when my mother was in the final stage of Parkinson's, my brother did not take my bed-ridden and decapitated to his flat.  My mother spent her last days in the chawl and the hospital. I was taking care of my mother, in the last few months of my mother's life. My brother or his wife used to visit only once a week, despite their workplaces being only a small distance from the chawl-building in central Mumbai. I had to seek the assistance of neighbors and close relatives in Mumbai, in times of hospitalization emergency etc, when my mother's health condition would worsen intermittently. My brother despite having his own chauffeur-driven vehicle never felt the basic human need of being physically present or letting his vehicle be around, even in times of urgent need. I have also funded the expenses from my own savings without taking a paisa from my husband for my mother's treatment and also father's illness. My brother never asked me even once whether he can be of financial assistance. My brother has been able to find work even after his legal conviction and his wife is a banker who also makes a good living. Please note, the point here is not about I bearing the brunt of expenses etc, but the point is about  the benevolence, generosity and humannes that an unaware reader of this matter might be easily misled about, in the way Shri Sushir Kumar ji has most likely been.

A criminal mind remains a criminal mind forever, majority number of times. And that is how my brother has remained till date.  The reason to highlight this here is not to bad-mouth my brother in public or to attract sympathy toward me, but it is ONLY to present the harsh reality we are having to cope with.

Hence, please try to understand the case described above with an open mind.  I am NOT seeking legal recourse for the money.  By the grace of God, me and my family are content with what we have. The ONLY reason I am seeking legal recourse for staking this claim is that, I don't want my brother to swindle also my father's share and dispatch my father to an old-age home as soon as he can.  All of us in our family, extended families and neighbors suspect that, this is bound to happen very soon. Therefore, in the legal notice sent to him, I have articulated that the division of shares from the proceeds be fair among the three of us, and regarding my father's share, my brother should open a joint bank account depositing father's share in that, so that my brother cannot mess with that.

I am trying to gather as much expert views as possible, before I decide to pursue this matter, further, up to its legal conclusion. I do not want to cause trouble to my father. But I definitely want to make sure that my brother pays for behaving in the way he has, even after being nice to him after all that he has done earlier.

Kindly help me if you can. Kindly ignore this post if you cannot offer any reasonable advice.

Thank you all. God bless.

Your father has got full rights to dispose the self acquired property during his life time in the manner and method he desires to do so, you cannot  challenge it legally, you may request your brother to allocate you with a reasonable share of amount obtained through the said sale (transfer of tenancy) on the social lines.

Dear Shri T. Kalaiselvan,

Your reply is deeply appreciated. 

Regards.