Mother trying to cheat only child
H Cutchhi
(Querist) 22 September 2010
This query is : Resolved
My mother who is over 65 y.o. threatens to use the fact that she is a senior citizen against me. My father owned two shops and a car garage and had nominated me, his only child. My father died intestate in 2001. I was brought on record as sole legal owner of the shops and car garage and share certificates in respect of these premises was transferred to my name. However, because I was living abroad and I blindly trusted my mother, I kept the title documents and share certificates in her possession. Now she refuses to return the title documents saying the she also has claim in the shops.
Question1: I want to know if she really does have any claim to these premises given that I am the sole owner of the premises?
Question2: What legal action can I initiate to compel her to return the title documents and share certificates in respect of these premises? Can I request the police to ask her to produce the documents in their presence and they then hand them over to me after verifying the ownership or will the police side with her given that she is a senior citizen?
Adv Archana Deshmukh
(Expert) 22 September 2010
Though you have been made a nominee by your father, he has died intestate and so, your mother also has equal share in his property along with you as she is also class I heir of your father. She can claim her share.
Y V Vishweshwar Rao
(Expert) 22 September 2010
The Opinion of Advocate Archana is correct and i further add that ;-
Nomination is only to facilitate the Mutations and encashment of FDR etc with out any Legal proceedings - it is only appointing a person as nominated to do things and acts for which he is nominated .After complying the nomination purposes , the Nominee is answerable to all other legal heirs to distribute the assets according to the Succession Act, as your father died intestate !
Uma parameswaran
(Expert) 22 September 2010
It is not clear how you become the sole legal heir after death of your father even though your mother is alive.She has the right to claim her share.Now senior citizen Acts are there to protect Old age persons.You can seek the help of the police people or you can give application for duplicate copy .
Raj Kumar Makkad
(Expert) 22 September 2010
You mother is equally entitled to inherit all movable and immovable properties of your deceased father and you are not sole legal heir to inherit entire properties as you interpret nomination equivalent to will. No will has been made by your father in your favour rather you were nominated. As opined by ramachandran, nomination means accountable to all legal heirs for smooth distribution of interest.
2. In vies of above, you cannot take help of police rather I advise you to either make compromise with your mother and stop using words like "cheating by mother to her sole child". I or any other person can term your entire actions of transferring all properties exclusive in your name as "cheating of a child with his old age mother". After all she is your mother and you are also her sole legal heir. If you please your mother, she might not change the already taken actions (illegal) taken by you but for that purpose, respect her as your mother and repent before her for all defamation you have earned for her in the eyes of general public, relatives and here in this community also.
Chanchal Nag Chowdhury
(Expert) 22 September 2010
How were U nominated when your father died intestate?
Your mother is equally entitled to inherit all movable and immovable properties of your deceased father and you are not the sole legal heir just because U somehow managed to get your name recorded thereon.
The police has nothing to do with this unless U try to apply force on your mother.However U are free to sue her for your share.
Guest
(Expert) 22 September 2010
I agree with all my friends above.
H Cutchhi
(Querist) 28 September 2010
Thank you Ms. Archana, Mr. Rao, Uma, Mr. Makkad, Chanchal for your replies. There is no denying my mother her due rights and that is why I sought to know if she had any rights in the first place. When I say I am the sole owner, am I wrong? Although on basis of inheritance she has a claim but doesn't ownership vest in me when documents are in my name? Also is it correct of her to deny me access or possession of the original documents, especially when these are in my name? Under Muslim law she is entitled to only 1/3 share while I have 2/3 share, yet she denies to handover the documents. My fear is she may be acting under influence of another person and I fear that she may be taken for a ride. That is why I wanted to have the original documents with me. Please advise.
Mr. Makkad while I certainly respect your sentiments, I would appreciate if we keep to the legality of the issue. I did not get the property transferred to my name surreptitiously. Whatever was done was with full knowledege and agreement of my mother and in a legal manner. Now because God has not blessed my wife and me with a child my mother is behaving in this manner towards my wife, my in-laws and me.
Thanks.
