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Vikram RMD (Acc)     13 June 2012

Inheritance before death of parents

Someone people I know, a couple aged 75 and 80, their divorced daughter, 45, not living with them for 18 years, is threatening the aged couple of a court case on  'mental torture' grounds, and demanding that one of their two homes be sold and she be given half the money.

The aged couple has already given her a 3 bedroom flat to live in but the daughter doesn't like that, and wants a more expensive house.

What are your comments on this? Can the daughter make the courts force the aged couple to do what she wants?

Under what sections are the aged couple protected from their children's threats? If they are protected.



Learning

 3 Replies

Lakshmi.K. (Advocate)     13 June 2012

Certainly the daughter is not entitled to claim any right over the individual property of her parents during their life time .The parents are having absolute power and disposition and are not liable to account the proceeds to the daughter.if the daughter is harrasing or causing nuisance to the aged parents they can file complaint against her and seek police protection.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     13 June 2012

1. The Couple can ask her to move out by seeking an eviction, and get a stay whereby court orders her not to disturb them .

 

2. Initiate police action for trespass.

 

3. Seek maintenance from her - offence is the best defence

mohamed khasim (technician)     15 June 2012

my property was registered in my mother's name. now my mother refusing to give my property. i am an nri.i have all receipts for funds of buying this property. she registered two months before my coming.can i put a claim.pls advise


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