I think a lot of people here are confused,
because legal title doesn't always mean a whole lot. If you can
establish that either your mother contributed to the purchase price
of the house or any subsequent mortgage payments then a resulting
trust arises in her favor, likewise if u could establish a
contribution plus an intention to share the property then a
constructive trust arises in her favor. Either way she obtains a
beneficial interest in the property that exists regardless of the
legal title. However only those payments that directly relate to
the purchase price will suffice and normal cooking and cleaning
will not.
A will merely
transfers your share in the property to someone else, but u cannot
transfer what you do not have. This is probably a primary thing,
though I'm sure if there was a divorce or so on there must be
something relating to the matrimonial home, though I am not sure as
to the laws of singapore.
Lastly even to evict
squatters you cannot do it by force, generally u would need a court
order and then accompanied by police or a court official.
All in all, I am not
familiar with the laws of singapore but these are general common
law principles and so it is best to consult a lawyer.
among all the replies here, only BriBri06 has spotted the right
legal issues
TS, having legal title doesn't necessarily mean that the house
belongs to your deceased father totally. The most important qn now
is, did your mother contribute to the purchase price / mortgage
payments of the house at all? If she did, your mother (not you) has
a more than an even chance of getting the house back.
If she did not, then u have to look at intestacy laws (dying
without a will) to help your mother get a share of the house.
Alternatively, if your father did have a will which gave the
house to the step-brother, your mother can use the Inheritance
(Family Provision) Act Chap 138 to demand a share of the house
because this provision is intended to protect the spouses and
children of the deceased and prevent unfair distribution