Rights of daughter vs grandson on my mother's flat.
PERVIN
(Querist) 21 May 2016
This query is : Resolved
My mother is owner of flat in a society. The agreement had names of My mother as owner and name of my brother as 1st Joint owner.
My brother has expired and his wife too has expired but have left behind their son. i.e. My mother's grandson. My son's wife and grandson both deserted me and my brother in 1988 and had left home permanently.Now my grandson is after my property as I am 90 Years old but I do not wish that my grandson has anything to do with my flat where he does not reside since they deserted & left me. He is staying separately in a rented premises but has not updated his permanent address which he has left as my flat's address though he does not either stay or care for me at all. He calls for his letters and mail at my flat address and clears the letter box but never cares to come and enquire about me or my fading health. Its my daughter who provides for all my needs, pays for my hospitalization and medical expenses and provides all my needs. Hence what should I do so this flat gets transferred in my daughter's name and my grandson has no say in this property at all nor any rights to claim any share in it. Pl. guide me with procedures and forms what to do so entire rights to my property movable and immovable property goes to my daughter and not my grandson. My daughter will ensure my hard earned money invested in this flat remains in safe hands and will not be misused or sold without my daughter's consent. Pl. reply to me indetail by email only as this is a strictly confidential matter. Hope you understand and will help me transfer total rights to this flat to my daughter only.
Is it mandatory to get property share cert. updated to delete my son's name and in lieu thereof have my daughter's name added without involvement of my grandson or any no objection cert. OR should I leave the share cert. as it is unchanged and what would be the implications of this later &/OR after I die. I don't want any disputes after I die so I want all flat and its rights transferred to my daughter only while I can sign and whilst I am alive. Pl. help me with implications and procedures and forms etc. and how I should go about this transfer smoothly while I am alive, at the earliest for which I shall be ever grateful to you all.
Thanks/Regards
Pervin
Kumar Doab
(Expert) 21 May 2016
You have posted that:
"The agreement had names of My mother as owner and name of my brother as 1st Joint owner."
Which personal law applies to deceased mother,brother e.g. Hindu Succession Laws?
What is this agreement/ Is it sale deed conferring ownership on deceased mother,brother?
The society is in which state?
Who is nominated by deceased mother,brother?
Kumar Doab
(Expert) 21 May 2016
Repeated at:
http://www.lawyersclubindia.com/experts/CHANGE-IN-NAME-ON-PROPERTY-SHARE-CERT--599936.asp
Rajendra K Goyal
(Expert) 21 May 2016
Property of a person is inherited by his legal heirs. Hence, Son has a share in the property of his father. The title can not be changed without the consent of all.
PERVIN
(Querist) 03 June 2016
1. My mother is the owner.
2. My Brother was 2nd jt. owner (Deceased)
3. Agreement of this property (Flat) has above names.
4.She is a Parsi and hence which succession law will become applicable to us.
5.Society is in Pune-Maharashtra state
6. Brother has not nominated anyone in writing as he is deceased.
7. My mother Owner has nominated me as her legal heir on society's nomination form accepted by society.
But the share cert. still bears my mother's name and Brother's names.
How much share will go to my brother's son who is after this property. Can he barge in the flat and start residing in it. Would it be illegal or can he do so without implications. If he does what step can be take to prevent his entry in this flat as mother is 89 years weak and not in good health. Brother's son is not supporting his grandmother at all nor even visiting or even enquiring about her wellbeing nor providing anything for her existance. He is in bad company. If he enters this flat while my mother is there he will create havoc in the house cutting her life short with rowdy friends who drink and indulge in other vices and this flat will then be at high risk. This has to be avoided. What should my mother do so that full custody of this flat is given in my (her daughter') name as I am her Natal family. Do I have right over the flat and how to prevent her grandson from entering this house while she is alive and also mor so after her demise. Pl. guide me as my grandson's mama (Mother's brother) is a Lawyer and keeps threatening that this flat is theirs and we have no right to it at all after my mother expires.
My mother and daughterinlaw left this house way back before the year 2000 and never came back. Pl. reply soon.pointwise.
Thanks
Kumar Doab
(Expert) 03 June 2016
>>> Indian Succession Act 1925;specifically under section 50 to 56 in CHAPTER III
Special Rules for Parsi Intestates
3*51. Division of intestate's property among widow, widower, children and
Parents. -(1) Subject to the provisions of sub-section
(2), the property of which a Parsi dies intestate shall be divided,--
(a) where such Parsi dies leaving a widow or widower and
children, among the widow or widower, and children so that the
widow or widower and each child receive equal shares;
(b) where such Parsi dies leaving children, but no widow or
widower, among the children in equal shares.
(2) Where a Parsi dies leaving one or both parents in addition to
children or widow or widower and children, the property of which such
Parsi dies intestate shall be so divided that the parent or each of
the parents shall receive a share equal to half the share of each
child."].
http://districtcourtsnamchi.nic.in/laws/indian_succession_act_1925.pdf
>>> Laws for Senior Citizens
> Helpline at Police Commissioner's office to be available on all days:
The Elders Helpline (toll-free number 1090)
>The NGO’s Helpline number;
http://www.helpageindia.org/our-work/eldercare/helplines.html
1800-180-1253
>Under DV Act complaint can file before protection Officer under Senior Citizen Act to protect the seniors.
>The Maintenance and Welfare of Parents and Senior Citizens Act, 2007
“An act to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the Constitution and for matters connected therewith or incidental thereof”.
48 district-level tribunals have been set as per some publications.
Collector can be approached.
Deputy Director of Department of Welfare of Disabled and Senior Citizens can be approached.
>The Code Of Criminal Procedure: Sec 125 provides the provision to the maintenance of the parents by their children, no matter to which religion or community they belong to.
>National Council For Older Person called Agewell Foundation by Ministry Of Justice And Empowerment.
>Indian Constitution: Art 41- Right to work, education, public assistance in certain cases. Art-46- Promotion of educational and economic interests.
Kumar Doab
(Expert) 03 June 2016
Engage a very able counsel.
