Will
GOPALJI PANKHANIA
(Querist) 20 August 2013
This query is : Resolved
Mother has three sons. She is the owner of self acquired immovable property. She is wants that from the proceeds of the property before or after her death, it should be divided equally amoung all the three sons. Since more that 2 year, 2 sons have formed a syndicate and the mother stays with them. They have compelled her to not have any communication with the 3rd son which includes making phone calls, visiting his house, etc. Mother is very old and not keeping good health. For this reason, the 3rd son is in the dark and has strong doubts the other sons will prepare bogus Will in their names to pocket the complete immovable property. Of the other 2 sons, one is capable of forging mothers signature and same has been done in the past several times. They can use any sort of pressure tactics to get they job done.
In view of the above, what are measure to be taken to safe guard one's share in the property. Please advise
malipeddi jaggarao
(Expert) 21 August 2013
First share the responsibility of your mother. What made you to allow your brothers to take complete care of your mother. You are more worried about the property issues, apprehending trouble for acquiring property in future after the demise of your mother. First join hands to share the responsibility. The remedy is she can register by the property in favour of all the three sons (if she so wishes) by way of gift deed during her life time. This is possible only if you all have mutual confidence. After such registration, what is the fate of your mother? This has to be seriously discussed. She is not in good health and very old. Rather than eying on her self-acquired properties you have to take care of her with all love and affection.
Rajendra K Goyal
(Expert) 21 August 2013
Take your mother and ask her to live with you. If some will got registered during her stay with your brothers, you can get a new will registered.
ajay sethi
(Expert) 21 August 2013
mother is absolute owner of the property . she can dispose it as she desires . as son it is your duty to visit her and take care of her . dont run after her property . your mother can make will bequeathing property to her 3 sons equally or in favour of 2 sons who are taking care of her in her old age
R.K Nanda
(Expert) 21 August 2013
nothing to add more.
Raj Kumar Makkad
(Expert) 22 August 2013
Well advised by experts on all aspects.
GOPALJI PANKHANIA
(Querist) 24 August 2013
I regret to state that none of the learned advocates have read the querry properly. I have very clearly mentioned that "Since more that 2 year, 2 sons have formed a syndicate and the mother stays with them. They have compelled her to not have any communication with the 3rd son which includes making phone calls, visiting his house, etc. Mother is very old and not keeping good health. For this reason, the 3rd son is in the dark and has strong doubts the other sons will prepare bogus Will in their names to pocket the complete immovable property. Of the other 2 sons, one is capable of forging mothers signature and same has been done in the past several times. They can use any sort of pressure tactics to get their job done". Please read the contents mentioned in inverted commas. I have never backed out in taking care of my mother. Just because of her health problems, she is not in a position to climb the stair (there is no lift) and I stay on the third floor. One of son's wife has even manhandled her and telephone connections are disconnected when they go out, so mother does not contact in their absence. Other son has abused her and pushed out of her property couple of times. My relationship with other two, are not good because of their cheap attitudes. When they have told my mother if you go there (ie, to my house) then stay there only and don't come to our house. For this I am prepared to take care till her last breath, but my mother is not prepared as she has her friends in that area (where she has spent her complete life). They are tactfully playing the divide and rule policy. I have never neglected my mother in the past and does not intend to do so in the future. Only problem, just because she is kept under house arrest, I cannot go there and they will not entertain me. Also even if I call telephonically, they will be give the phone to her. Her fate is very bad at the hands of the other two sons before division of property. Other two sons are making all efforts that she does not come in contact either in person or telephonically. In the past she has written letters stating the grieviences and harrassment by these two sons and these letters have been sent to me through her friend. Now let me know what is my fault.
malipeddi jaggarao
(Expert) 25 August 2013
You can rope-in some elders urging them that you are interested to take care of your mother showing the letters written by her. You can not leave her to her fate. Even if you live in third floor, as she is old, it does not matter much as she will not move frequently.
As regards property, it is her self-acquired property. She can dispose-off as she wishes. If somebody manipulates, you have to prove manipulation in the court at that time.
