Inheritance of Property
Querist :
Anonymous
(Querist) 03 April 2011
This query is : Resolved
My Father was gifted a house by his mother (my grandmother) in 1995. She died in 2002.Both my parents are alive and in good health, but father is much older than our mother. . We are two brothers and a sister and we enjoy good relations. My father says that he wants our mother to get the house after his death and after her death, we should get the house. The problem is that our mother has begun to threaten us that she will will or gift the house away to another party or trust during her lifetime as she does not want us to get the house. Is it possible for her to do such a thing? Can our father make a will in such a way that our mother cannot do any such malafide action when she holds the property after our father? Please advise! I have three daughters of marriageable age and have not saved anything for them as my parents had forced me to put my earnings into a joint account with them for 20 years after my marriage.
A V Vishal
(Expert) 03 April 2011
Both your parents cannot do such a thing by way of will or otherwise since the property is ancestral.
bhagwat patil
(Expert) 03 April 2011
ask your father not to sign the will,let the property go by inheritance,your mother will get undivided share in it ,that she connot able to saleout ie nobody will purchase her share alone.
R.Ramachandran
(Expert) 03 April 2011
Dear Mr. Vishal,
It is not an ancestral property. Ancestral property is one which devolves from male ascendants to male decendants (now even to female decendants after HSA amendment of 2005).
The property in question was gifted by the mother to her son. So the son is the absolute owner of the property.
In the current situation, the father of the querist can make a Registered Will, making arrangement in such a way that the property is available for enjoyment by his wife (i.e. mother of querist) during her life time, and thereafter to be shared in equal measure between his son(s) and daughter(s). If this is done, the mother cannot play any mischief, since she only has life interest and not absolute interest in the property.
If the property is not willed, then it will go by inheritance and then in that event the mother can will/gift her share to some strangers (as apprehended by the querist) which will create unnecessary problems.
Therefore it will be better to make a Registered Will.
Guest
(Expert) 03 April 2011
I agree with Ramachandran.
But, may it be brothers & sister be having good relations amongst themselves, to me it seems as if your mother is not happy with the behaviour of her sons and daughter, otherwise she would not have even though of making any will in favour of some stranger.
So, instead of making the property a bone of contention by posing any compulsion on your father or mother, why not try to win the confidence of your mother by rendering her due love, affection and respect to make her rethink about her decision and automatically leave the property for the use of her own children and not for some strangers.
Raj Kumar Makkad
(Expert) 03 April 2011
So far legal advice is concerned, I completely agree with Ramachanran. The moral advice of Dhingra is also praise worthy. It is better to prepare your father to make life enjoyment for your mother and further division of share among you brothers and sisters in his will. This property is not an ancestral property when your grandmother gifted it to your father.
