Completely deprived my right as per Sharia and requested to advise me in this regard how can I proceed legally to gain my right.
We are Muslims and My Mother aged about 65 Years and Graduate with B.A., B Ed., blessed with 1 Daughter (Myself) and 1 Son and getting pension of my deceased Father who was State Government Employee and expired during the year 2013 and after the death of my father after completion of Iddath period she (My Mother) used to stay with us i.e., with Daughter's residence in Hyderabad since October 2013 to May 2021; as she didn't want to stay at her home which was purchased by my deceased father during his lifetime earnings and registered in my Mother's name at Miryalguda in which my brother is staying with his family due to the family conflicts with my brother my mother is not willing to stay with my brother.
My brother used to visit my home at Hyderabad bimonthly sometimes and Quarterly sometimes when my husband was not available at home and with force, sentimental crying and cock and bull stories taking the Money from my mother from her pension.
During May 2021 Covid 2nd Phase due to health problems my mother was bedridden not able to perform Even the day to day activities and we intimate the same to my brother regarding health status of my mother and he has not shown any interest to come to Hyderabad and coordinate in the treatment of our mother and instead arguing on Property matters and after hard-core discussions he has taken my mother to Miryalguda on 29/05/2021 by sending his Brother in law saying that he was having Covid symptoms and take care of the treatment of My mother in Miryalguda. I handed over my mother ATM with approximately 3 Lakhs with balance amount in the Bank account and pension documents.
After taking my mother to Miryalguda he has forced to execute 2 Gift Deeds during June 2021 in favour of family settlement to Son of which 1 Property is constructed house of admeasuring 242 Square yards and another one property is 333 Square yards open plot on his name through Registered Gift Deeds and gift deed consisting of Thumb impressions of My mother and as an educated graduate she always used to Sign the documents and she never used to use thumb impression and I do not know about this. My mother expired on 17/09/2021 and after that I come to know about the Gift Deeds and when I try to contact my brother about the Partition of Property through mobile calls, WhatsApp messages and text messages on his number; he is not at all responding.
It is the wish of my deceased father and mother that the distribution of property shall be taken care as per the Islamic Sharia to their Daughter and Son.
I completely deprived my right as per Sharia and requested to advise me in this regard how can I proceed legally to gain my right.