Sir,
My grand father house property which is built in 1960 which has three floors (ground floor one flat(2BHK, one flat (3BHK in first floor and two flat (one BK, & one BHK) in second floor). Totally four legal heir for my father (me, two brother and one sister). my father has given jewelleries worth 40 sovereign and one plot registered in my sisters name.
My father has written will with the help of lawyer which I am aware of but after my father death, including my mother claim that there is no such will. My father has written in a diary also that ground floor is for me, first floor for my elder brother and second floor for younger brother. When my father was alive he was collecting rent and i have not got any benefit out the property.
About a year back, each floor of the building has been altered to make it liveable for the current needs. I have invested around 4 lakhs towards alternation of ground floor and two brother spent money for their floors first and floor respectively).
Ground floor is let out for tenant and rent is collected by my mother and first floor fully occupied by brother (no tenants in first floor), second floor has two flat in which one is occupied by my another brother and one flat is let out for rent and rent is collected by brother. My mother has not handed over the key for the ground floor.
My mother and elder brother decided informed that she will live in each son's house monthly on a rotational basis and as a son, we (each son) need to pay INR 2000 to my mother every month in addition any expenses take place for my mother when she is at any son's home.
The issue is that the rent collected from the tenant (who is occupied the ground floor) is maintained by mother and she will deduct the monthly payable and any other expenses incurred for the house and then she used to pay in cash for some months(never received the rent consistently since last one year and till date). I heard that my mother may take possession of one of the flat (second floor flat occupied by tenant) by vacating the tenant and collect the rent from the ground floor tenant. I may not get any benefits out of that properly though i have rights. I need your advise on how to approach this issue and exercise my rights
