We are three siblings, and our mother passed away recently after a long illness. I have some clarifications I need regarding the family settlement.
1. We have 2 properties, one where the ownership is on my mother’s name since the beginning and for another property the ownership was transferred to her based-on nomination after my father’s demise prior to year 2000 and the share certificate has her name included and all the bills get generated on her name as well. Apart from that she had SBI shares which need to be de-materialized and some jewellery. Also, she had not made any will.
2. My siblings are married and live separately, while I lived with our mother and took care of her during her illness, handling all expenses like nursing, medicines, and bills for both properties.
3. Initially, my siblings showed no interest in the properties, so I didn’t ask them to contribute towards our mother’s care or property expenses since I felt it would be unfair if I took any contribution from them if they were not expressing any interest in the properties. Even though I had not mentioned to them originally, I was planning all along to sell one of the properties between 3 of us and giving them a share, which would be gift from our mother even if they didn’t want anything.
4. After a year of handling everything alone, I asked them for contributions as I was struggling financially. I ended up covering about 2/3 of the total expenses, while they paid the remaining 1/3.
5. A year before our mother’s death, my siblings suddenly demanded an equal share of all assets. Though surprised, I agreed on the condition that they first contribute their share of the past expenses. This never happened, and our mother has since passed away.
Now, I need clarity on the following for a family settlement:
1. Am I entitled to claim not only the expenses for our mother’s care but also for the time and effort I invested, as this all happened during COVID period where it extremely difficult managing everything?
2. What factors should I consider when claiming these expenses?
3. Though I have my bank statements to justify all expenses made, there are chances all payments would not be covered which I was wondering how it can be included and justified.
4. Is there any way to claim for the above, without causing too much of conflict? What are the various ways for it?
5. I plan to suggest that one property be released to me while I release the other to my siblings, allowing me to recover the money spent. Would a transfer or release deed be required?
6. What costs are involved in property transfer, and what expenses should be considered?
7. My siblings want to keep our mother’s jewellery for sentimental reasons instead of selling it and dividing between 3 of us. How should I handle this?
8. Although relations are strained, I want to avoid court and settle this amicably, with court action as a last resort.