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Biju   27 September 2017

Property law for daughters and mother

My Father-in-law(FIL) has 2 daughters and both got married. my wife is the elder one. Younger daughter with her husband is staying in rent house near to FIL home. They will not care the parents/enquire about the parents health/medicine etc.They will not spend any amount for their parents. 4 months back when FIL was hospitalised , all the care has been taken by relatives and elder daughter.

Two months back my FIL died but the house and the land is in the name of FIL. Now mother-in-law(MIL) alone is in that home. The younger daugter now started harrasing MIL by asking the share of her father with out bothering how the MIL will live.

my query is

1. is there any option to give complain for harassing the aged mother(60 yrs).

2.  whether the home & the property has to share in 3 equal parts (mother and 2 daughter).

3. is there any option to get the house under the name of Mother-in law or atleast to get 50% of her husband.

4. While the mother is alive is there any option to block both daughters to get share of her husband.

request you to solve the queries



Learning

 13 Replies

Kumar Doab (FIN)     27 September 2017

It is believed that all involved are Hindu.

Confirm!
 

Kumar Doab (FIN)     27 September 2017


In case of Hindu male dying without disposing his estate/property in his life time by a valid/registered deed,  ths 1st right is of ClassI legal heirs.

In case he has not left a valid WILL then it would be simple matter of inheritance; ‘Intestate Succession’…………. ..And 1st right is of his mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters…………….. and they get equal share.

Married daughters have equal share is self acquired and ancestral property of father.

The forms/procedure to update of inheritance; ‘Intestate Succession’…………. ..in mutation records of authority under whose jurisdiction property falls is available in O/o Authority and might also be on website.

 

Death Certificate, Legal heir certificate are basic requirements.

Help to get the inheritance recorded and obtain updated copy of mutation records.

No one can block inheritance.

1 Like

Kumar Doab (FIN)     27 September 2017

 

Thereafter; the daughters can relinquish/release/gift/sell their share to mother by a valid/registered deed.

The stamp duty in this relation may be waived off or may be negligible.

The stamp duty /fees can be inquired from local SRO, deedwriter…… and might also be available of website of state.

 

The MIL can dispose her share in her life time by a valid deed in anyone’s favor.

The mother; MIL, can claim maintenance from her sons, daughters.

Harassment: The mother can lodge complaint thru Sr. Citizen Helpline, with police and show the evidence that she has got…………….and can even lodge complaint under;

 

Kumar Doab (FIN)     27 September 2017

Go thru;

Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007

https://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X635996104030434742.pdf

The remedies are quick and results are sure and cost may not be Rs.100/-.

 

 

It is small family; preferably sit down across the table and resolve and take good care of aged mother (MIL) in her sunset years of life that she has to live without care of her husband.

Biju   28 September 2017

yes , its Hindu family

Biju   28 September 2017

Thanks for the reply & information.

There is no Mother (its mother-in law).  We are staying abroad and our MIL is staying alone in India in home (which is in the name of her husband who passed away 2 months back). 

The younger daughter is not ready to wait for getting their share. They wanted the share as the house not the amount. Where will the MIL stay if the share is given now itself. 

still the doubt is as per legal , 

1. since the MIL is alive there is no option to get house in her name  (Younger daughter not ready to agree eventhough MIL agreed to give the amount). 

2. if the share is not done between MIL and 2 daughter (house in the name of FIL), is it possible to write a WILL by MIL that her share ( ie 1/3 which is of her husband) can be be given to her favor one.

3. MIL has Land property which has already sold and that amount was deposited in FIL name(Senior citizen) , kept MIL as nominee but now since it was in the name of FIL , only 50% will get for MIL & 25% each for two daughter. elder daughter is ready to sign for transferring the 25% to MIL but younger daughter not willing. because of this the whole amount is blocked and from bank they are informing that partial amount cannot be transferred (all three (3) legal heirs need to sign).  is there any other solution for this.

Thanks

Kumar Doab (FIN)     28 September 2017

A Hindu woman can be Mother, Mother in Law (MIL), Daughter, Daughter in Law………………,

 

Likewise a Hindu male can be Father, Father in Law (FIL), Son, Son in Law………………,

The position explained above in previous posts is as on date for Hindu woman and stand for your MIL, and is as on date for Hindu male and stand for your FIL ….

 

Your MIL, wife and sister in law are at liberty to claim their share from property/estate left by their husband, father, respectively i.e; your FIL…..

 

Kumar Doab (FIN)     28 September 2017

Bank A/c; if there is valid nomination; The Bank can discharge IT’s responsibility by making payment to Nominee, irrespective of amounts in Bank a/c………………..until or unless there is stay by court.

 

GO thru:

RBI; Master Circular on Customer Service in Banks; 19,20

https://www.rbi.org.in/scriptts/bs_viewmascirculardetails.aspx?id=9008

and Deceased Depositor Policy of bank framed in accordance with RBI guidelines and claim forms that should be available on bank’s website and in Bank .

Nominee can submit claim forms and collect the payment.

Nominee is under obligation to distribute proceeds to legal heirs.

 

Your post that it was MIL money that was deposited In FIL a/c (and MIL was nominated in Bank a/c) is another matter that your MIL is at liberty to rake up, after collecting payment from Bank. Hope she has the record to establish her claim.

 

You may come down to city of MIL and get the things done under yur own care or your MIL can do everything herself or seek support of other elders of family, relatives, community leaders, well wishers etc etc to resolve amicably.

 

Kumar Doab (FIN)     28 September 2017

Rest for care and maintenance of your MIL:  

Go thru;

Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007 (whose link has already been posted) 

And Rules framed under the Act in state where MIL resides. ( and these should be availbale on website fo state govt or you can search thru Google) 

MIL may put up all issues.

The remedies are quick and results are sure and cost may be negligible.

If you wish you may approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and having successful track record.

Biju   30 September 2017

Thanks and didnt get reply for below oint

2. if the share is not done between MIL and 2 daughter (house in the name of FIL), is it possible to write a WILL by MIL that her share ( ie 1/3 which is of her husband) can be be given to her favor one after her life.

 

Kumar Doab (FIN)     30 September 2017

Dear LCI Qierist @ Mr. Biju,

It has already been posted in my 3rd post that;

'The MIL can dispose her share in her life time by a valid deed in anyone’s favor.'

By reiterating in your last post you have come clear on your wishes.

 

Kumar Doab (FIN)     30 September 2017

You may note that:

Your MIL can lave a vaid WILL in favor of her favorite daughter and bequeath he restate/property/share in favor of her favorite daughter.

Preferably register the WILL.

 

 

Kumar Doab (FIN)     30 September 2017

The WILL even if registered can eb contetsed.

Once contested it lands up in probate court of pecuniary jurisdiction.

Spend time with your own very able senior LOCAL counsel of unshakable repute and integrity specializing in testamentary/sucession/civil matters and also discuss other prespectives e.g;

 

Registered Family Settlement deed that may rule out  future litigation...

Registered  Settement deed with life rights for MIL..............

 

 


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