Daughters rights in case of father dyeing intestate
(Querist) 13 September 2021
This query is : Resolved
My father in law (retired govt. servant) died intestate 1.5 years ago & is survived by wife aged 72 years, and 2 married daughters (46 & 40 years respectively). As dutiful children, we got the pension & property papers transferred in mother in law's name by giving R/Deed. Bank accounts are also transferred in her name with elder daugher as nominee, as MIL is incapable to operate the accounts. Monthly transaction details etc are also shared with her. What would be the rights of daughters in this case ? The mother in law is not mentally stable & suffers from Parkinsons, Dementia & is partially blind and heart patient also, and under treatment also. She insists on staying alone in her house. Other relatives brainwash her on not giving property etc. to daughters after her death. Under the influence, she also threatens to raise false cases against daughters, while actually daughters only have been looking after her all needs (medical & personal) since past 1.5 years, during which MIL had to be hospitalised also, at the cost of daughters sacrificing their own personal lives & family commitments. She has been aggressive and verbally abusive, hence it is difficult to keep her at home any more given the health & welfare of other family members in both the daughter's houses. How does the law protect the daughters on their being true Legal Heirs & also for any false case / statement being filed by mother against daughters. Somebody advised us to shift her to a good old age home for better security & health reasons as she is not a financial burden, & some advice us to file a statement in police in advance giving the situation details. As the law protects senior citizens only, what should be the correct course of action by the daughters to protect themselves against any issues while they have been serving the mother as dutiful daughters.
Dr J C Vashista
(Expert) 13 September 2021
The daughters are socially, morally as well as legally liable to look after welfare of their mother.
(Expert) 13 September 2021
Yes. It is the moral duty of the daughters to look after their mother. And she is a pensioner and has no need to pay for her livelihood. For treatment, they should jointly take responsibility for treatment for their mother.
(Expert) 14 September 2021
"My father in law (retired govt. servant) died intestate 1.5 years ago & is survived by wife aged 72 years, and 2 married daughters (46 & 40 years respectively)"
Admittedly, the couple had no sons! How come you are the daughter-in-law? Who are the other relatives you are referring to? The entire facts posted are vague, confusing and disjointed. Please come clean with the facts and the real issue if any.