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Rajdeep (VP)     21 May 2013

Inheritance when father remarries

Hi,

Our family currently includes my father, my sister (married and living separately) and myself (married and living separately abroad). Our mother passed away a year ago. We have two houses on different parts of the city, which were built during the marriage of my parents. I.e. they are not ancestral properties. We are Hindu family.

Now my father wants to remarry. He is 67, and everyone in the wider family (including his brothers) are opposed to this. It is very rare for a man of his age to marry in our part of the country (Assam). If he does remarry, is it possible to prevent the two properties passing on to his new wife? I guess there is no point to have a Will in my and sister's name now, as it can be easily changed later. What would be our options?

Thank you in advance!

Rajdeep



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     21 May 2013

Your father can execute a gift deed in your and your sister's name in respect of the two houses.

kavksatyanarayana (subregistrar/supdt.(retired))     21 May 2013

whether the two houses are in the name of your father, mother, jointly or separtely.  If the two houses are in the name of your father, he can execute gift deed in favour of you and your sister. otherwise better to relinquish his rights over the properties in favour of you and your sister.

dr g balakrishnan (advocate/counsel supreme court)     21 May 2013

gift is upto him. u cannot force him. he has right to marry please.

Rajdeep (VP)     21 May 2013

Thank you to the 3 persons above for the replies.  I've a couple of follow-up questions.


One of the house is in the sole ownership of my father, and the other was jointly owned by my father and mother.  I think after the death of my mother, the ownership has passed to sole ownership of my father for the second house as well.  Or am I mistaken in this?

 

The main question is: if we do a gift deed, can we do it in such a way that the ownership passes from father to myself and sister only after his death? Or the gift deed means that the ownership pass to us immediately? Actually, I would prefer to structure it like a Will, but which can not be changed later under the influence of my step mother. Is that feasible?

 

Also, is it possible to include in the gift deed that no liability (loan, mortgage or anything similar) can be incurred on the two houses, by using them as collateral, during the lifetime of my father?

 

Thank you once again!

Adv Archana Deshmukh (Practicing Advocate)     21 May 2013

One of the house is in the sole ownership of my father, and the other was jointly owned by my father and mother.  I think after the death of my mother, the ownership has passed to sole ownership of my father for the second house as well.  Or am I mistaken in this?

No. The half share of your mother will be inherited by your father, sister and yourself.

The main question is: if we do a gift deed, can we do it in such a way that the ownership passes from father to myself and sister only after his death? Or the gift deed means that the ownership pass to us immediately? Actually, I would prefer to structure it like a Will, but which can not be changed later under the influence of my step mother. Is that feasible?

 It is not possible. In a gift deed ownership will pass immediately.

Will can be revoked at anytime during the lifetime of the testator.

Also, is it possible to include in the gift deed that no liability (loan, mortgage or anything similar) can be incurred on the two houses, by using them as collateral, during the lifetime of my father?

When gift deed is executed then, ownership would immediately pass on to you so there is no question of its being mortgaged by your father subsequently.

1 Like

dr g balakrishnan (advocate/counsel supreme court)     21 May 2013

sir,

remember one thing as per dayabhagha school of law r/w hindu marriages act that need to be understood as per customary law that cannot function under any special marriages Act; it is understood in hindu marriages that once married you are bound to that lady as long as she lives; besides as widower one marries a second wife even if she is a widow same law applies;

so properties are essentially the rights of the cxhildren till relinquished by parents on their own mutual volition is the cultual meaning of hindu law; that you can never mince with any other laws or statutes which surface at the drop of the hat of the legislators for they do not carry what is tradition today; but hindu mariages Act is based upon the hindu cu\lture that means hormonius relation in any family; as no parent or children murder parents or children for properties but they go by hindu dharmic principle, so so far hindus as a society is still surviving; once tattered there will be no hinduism at all as you canot just call yourself hindu by birth alone unless you morally and dharmically follow hindu tenets of time immemorial please;

by just affidavit i am hindu you cannot become hindu unless mentally culturall fit in hindu culture  working several hundreds of generations as a hormonious society which is basically known as most tolerant society, sir

properties bestowing alone cannot make you a hindu is the cultur dynamics of any society which is goerned by society laws rather than governmental laws that one needs to note please;  

 your questions only show high selfish attitudes that is not qualifying you as a hindu if you rfeally  wishes to qualify as hindu, so it has to be  noted of culture disciplines sir, sorry for any comments which may have hurt you. pls note i just told you the norms of culture with no aspersions on you except mentioning some psychological compulsions you pass through that is all.  so my views need not be taken as anaffront to your sensibilities and senses pls . regards.

Adv k . mahesh (advocate)     21 May 2013

it is must Gift deed after executing it should be registered with nomical stamp duty then only it has a value in the eye of law 

after gift deed on you names first take a loan from bank to renovation or some thing so that the papers cannot be changed again 


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