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Dollnick   09 November 2015

Disowning son from property

Hello All,
I am writing on behalf of my Mother who lives in Pune. She wants to prepare a Will on my name (Daughter) of her entire property. My Brother and his wife are mentally and physically harassing her over property and her Pension money.My mother is mentally & physically very weak and depressed. I have pictures of my mum's bruises where she was hit by my Sister in law. My sister in law also lodges false complains every now and then and she (my Mother) is asked to visit police station where she is insulted and abused in front of my Sister in law and her family. All the allegations are false and not a single one can be proved by my sister in law and her family so they take the case back. This is all to mentally harass my mother. This is now becoming an everyday affair. My brother takes his wife's side. My brother has no source of income and he is not educated at all (4th fail) whereas his wife has done B.com and B Ed. and was teaching in KV school, which she recently left. She manipulates my brother against my Mother. All their expenses and their kids schooling and expenses are borne by my Mother. Inspite of all this she is ill-treated. My Brother is the only son, hence my sister in law and her mother wants everything in his/her name and let my Mother out of the property.

My mother was living in servant's room for 3 months, which when I learnt rushed back home (2012). After various requests and making them understand, they assured this will not happen again. But to my sad surprise this is still every going ever since.
 I live in the UK therefore I cannot be of much help of being present there for her. I have asked her to visit me and stay with me on various occasions. She did come to UK on couple of occassions, twice before my Brother's marriage and only once after he got married. All her expenses (visa/flight/travel) were bourne by me. But now she refuses everytime saying she doesn't want to live her house. I am very sure this is beaucse of my brother and his wife. I am very helpless, my mother's health is deteriorating day by day.I feel restless and frustated. I want her to do as she wishes. I want her to prepare the Will if this is what she really wants and move to Punjab where we have few relatives, buy a house and live there without any interference from my Brother and his wife. 
My question here is can she legally disown him and prepare the will accordingly. My mother has one property solely under her name and we have another property where is she joint owner with my Brother, how will this be treated? The money towards buying the second property was sent by me via western Union and I have receipts of it. For all the pain he and his wife has given to my Mum I do not want a single penny given to them. Please advise.

I would highly appreciate your assistance.

Many thanks in advance.



Learning

 4 Replies

Kumar Doab (FIN)     09 November 2015

It is beleived that you are Hindu.

The lady can give away her absolute preperty/share to anyone in her life time by sale/gift/WILL/Transfer/release.............................mortgage etc.

WILL may be registered as registered WILL fetches more relaince.

If she dies without leaving a valid WILL then you will have equal share alongwith other ClassI legal heirs (sons and daughters).

 

She can file case for maintainance from her son/daughter in law.

If she has provided the share in property to her son then she can file for taking it back under Senior Citizen Act.

 

If you have evidence and she is willing to side then you can approach senior citizen cell in police and tribunal.

In whose name you have sent the monies?

 

Approach an able counsel.

 

saravanan s (legal advisor)     09 November 2015

She is free to will or gift her self acquired property and also her 50% share in the property she coowns along with your brother on your name.she can disown her son by publishing an advertisement to that effect in two local newspaper but that won't stop him from inheriting his share if your mother died intestate.

siddhartha sinha   09 November 2015

Additionally she is equally entitled to relief under domestic violence act. Mothers in law are also covered in this statute.

Dollnick   11 November 2015

Dear all, Many thanks for your valued feedback and assistance. Highly appreciated. I have advise her of all the possible options she has. 

She also tried to lodge a complain on various occassions, but the no one is (Police station) is taking her complain. Even yesterday she was asked to come to police station to lodge complain at 4pm. She sat there for until 8:30 pm and all she was advised was the Office is out on duty and has not returned yet. I feel so frustrated and am full of anger, how can anyone do this. I hate for all this my mum is going through at the moment. 

Do you think is it any use she goes to the Police or does she need to visit a lawyer first. Please help.

Many thanks again


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