Dear Sir,
I am a Hindu male living with my mother. My father died in 2012. He had made a will stating that after his death all the property will be transferred to my mother's name and after her death the property will be transferred to my name. I should also clear that the property was earned by my father. The will was not registered but it has been signed by two witnesses. But, at the same time, while constructing the house and making fixed furniture in it, I have spent about Rs. 5 lac.
Now, coming to the point, we are total three legal heirs. Me, my mother and sister. Now, question arises here. My sister( married) and mausi (who is divorced) are misguiding my mother for transferring the property to her name. My mother is also favoring them. My mother (as per their guidance) is not willing to complete property transfer. I doubt that my sister want to get share from my fathers property. But she can not tell this openly due to will. So, she (with support of mausi) insists my mother to maintain the present status. This is simply arm twisting for me.
At present the property (mainly house) is on my father's name. I can not do anything to solve some problems related to municipal corporation as the house is not on name of anybody living. Due to this I am paying heavy taxes to Municipal Corporation.
My questions in the matter are as follows.
1. If the witnesses who have signed the will dies before my mother's death, what will be the status of the will in this situation? (whether it will become null & void or not?) What is the procedure to establish my rights in this situation?
2. If only one witness is alive, is it Okay to establish my rights? How?
3. Every time during medical treatment of my mother (and also of father when he was living) I have spent a heavy amount. At present also, for my mother's treatment I am spending heavy amount from my income( She is getting more than Rs 10000/- p.m. as family pension after my father's death). She has never given a single rupee for the treatment. She says, it is my duty to do this. But when it comes to give me rights she denies. What should I do to ensure that my legal rights on the property are maintained after her death (as I have spent a big amount for the property and good health of my parents)?
Kindly guide me in the matter.
VP
