Transfer of 1/3 share belonging to mother getting transferred in favor of younger son.Property is yet to be transferred to mothers name father expired did not make a will.
We are two sons. Father expired. Elder son has borrowed money from
mother to buy third house. Mother had got money from ancestral
property. And some money in bank and LIC insurance of husband.
Elder son is not returning money.Nethier wants to sacrifice his share in existing property from parents side. One of the house 1/3 share of mother
equal the amount what was given to the elder son. What is the procedure to transfer mothers 1/3rd share in favour of younger son.Father did not made will.
None of the two houses are on mother name. Younger son living
separately as he had alcohol problem, and was ask to leave the house.
Now he is sober for More than two years. Brother wants 1/3rd of his share in both the
houses. And not able to understand that he has already taken money from
mother.
To be on the safer side what mother should give in writing so as younger son rights are protected after her death.
After her death Elder son do not occupy both houses. (he is using my past condition(alcoholism) to take favour from apartment society) . Once he try to influence also. As I refused to give power of attorney. He called rehab people from another city, got mother to sign admission papers of rehab and I was forcefully taken to another city and locked for 5 months. After coming out from rehab they wanted to get signature from me on power of attorney but I refuse.
Mother is willing to transfer 1/3rd share of one of the house in favour
of younger son, so as it becomes equal for both the sons. Younger son
is worried if mother does that elder son may create problems, by not
supporting her in rest of her life.
Elder son not willing to sale the property. Younger son is 34
wants to settle in his life as well. After mothers death elder brother
can influence apartment society office to give him control of the houses as younger
son is a declared alcoholic.
I am confused. Already becoz of my alcohol addiction I have damage my health mentally and physically, and relationship wise. I believe in Live and Let Live.
Please help
We are Hindu Undivided Family.
My main question is Is it necessary for two sons to get the title under her name by giving NOC and registered the title and then only she can Gift her share to any of the son.
My Second Question is. Without getting absolute 100% title transfer under her name can mother still transfer her share to any of the son.
Or if both the son decide to give NOC to her and at the same time another anexure is attached that the 1/3 share should be transfer to younger son.
