20 May 2018
dear sir i am a retired employee and have earned some house properties in my name. my wife recently died in nov 2017. i got two male children who were of 37 years and got married and settled.the eldest so was attacked with kidney failure and was on dialysis since last 9 years. due to his bereaved condition some property was sold for his maintenance. now the second son was demanding to give him immediately some property other wise he will go to the court. in this connection i told him i will give some to his children after my death by writing a will. but he was black mailing me.further my wife was bedridden for 9 years before to death and he has neither visited nor taken care of her at any time. i found a letter after the death of my wife where in my wife wrote about him that he has herrazed and threatened over phone several times by using abusive language also for property. does he got any right to demand me for property that was solely acquired by me.we are harijan Christians/scheduled caste.i request you to kindly help me with your advice thanking you very much paripoornaiah
21 May 2018
You are the absolute owner of your self acquired property over which no one including your 2nd son has no rights.You can deal with the property in whatever manner you like such as sale, gift,, bequeath,, exchange, mortgage, etc etc.Your 2nd son is harassing you too much for the property call police and neck him out of the house.
21 May 2018
You have duly narrated that property is self earned/acquired. In your faith/community/caste-sub caste is there any custom that has sanction of law/precedence/rule/law that son has forced share in father’s property i.e. self earned/acquired. If NO; then there is NO reason for you to feel disturbed on this matter.
More so the letter written by your wife before her death is a record.
21 May 2018
You may also go thru; Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007 http://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X635996104030434742.pdf and rules framed in your state under the Act. You can lodge complaint and even claim maintenance from errand son. You can also lodge complaint with Sr. Citizen cell of LOCAL police. You can very well dispose your self earned/acquired property in life time in any manner in anyone’s favor e.g; WILL. Preferably register the WILL.