guru (fdgg) 18 April 2013

Self property

hello sir/Madem.,

I am 65 years old, 15 years back i build a house in andhra pradesh with my self acqired money ,that house registered on my wife name at the time of construction ,she is house wife .

My elder son is forcing ,threataning to my wife and me for regester that house on his name, we are not decide to give to him because he is not taking care me and my wife in all aspects .,

my question is

1) Can i take any legal action on my elder son due to forcing and giving mental torture, if it is so please give me the section name .and how to proceed further.

2) we decided to give that property to my younger son, can u suggest me for giving that property as a gift deed or sale deed , for considering future.

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2 Replies

sridhar pasumarthy (ADVOCATE) 18 April 2013

You can give a police report for Extortion and Criminal Intimidation.

You had better gift the property to your younger son rather than executing sale deed. Stampduty is cheaper in case of former than in case of latter.

Adv Archana Deshmukh (Practicing Advocate) 18 April 2013

Your wife can make a gift in favor of the younger son if she wants but in my opinion executing a will in his favor will be a better option so that the ownership of the property will remain with your wife till she is alive. Your elder son cannot force your wife to register the house in his name. What legal action can be taken against him depends upon the nature of threats given and also whether he is living with you. However, If he is living in that house with you, you can ask him to leave that house and stop him from entering into that house legally.