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D.A.V. Jayasingh Durai (Sales)     25 April 2012

Compelling to sign

A women is getting her ancestral property.  She is getting a share from her parents property after her parents time. She is having 3 daughters and 1 son.  She is most willing to share the property among her daughters and almost willing nothing to be given to her son.  Now she want to mortgage the property.  Now they are asking for the son's signature to mortgage the property as the society in which they are willing to mortgage asks for the son's signature.  The reason for the signature was not yet revealed to the son.  They are telling as the son is the first legal heir, they are asking for the sign.

The son is not willing to sign as they have expelled him from the property and he is living in a rented house.  Son's statement is as "As you told that you will not give any share in the property, then why you are asking me for my sign".  But his parents along with his sisters were approaching his relations / friends and others and continuously asking for the sign through many means.  Because of their continuous torturing, now the son has decided as follows:

"Let me sign, but you must give it in writing stating that (we are mortgaging the property for our daughters welfare and as the surity is needed we are using our son.  Generally we the parents will pay the monthly EMI, and if failed, then the three daughters were held responsible to pay as we are getting for daughters welfare.  If the daughters ignore paying monthly EMI (if we miss by any means) and made the son to pay the EMI's then this property as a whole will go as a gift to the son (or) will go to the son and will belong to him), because we know that if EMI default was made then the law will held son to repay the debt.)"

Will the above idea will work or else does the son need to say no to sign.

Please advise.  If there is any other extras need to be added to the above writing statement, please help.

Thanks,
 



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