Father acting aggressive on property
Surya Rao
(Querist) 24 August 2013
This query is : Resolved
I am the only son of my parents. Age 44yrs. I lost my only sister 10yrs back. And my mother about 4yrs back. I am an Engineer and started working since 1991, and since day one I am giving all my salary home. Till I left for the Gulf in 1997.
Now, I am well placed in the Gulf, with an annual tax free income of 60lakhs.
I and my father jointly purchased property (land) and registered jointly in my mother's and my name in 1994. I paid 50% and my father paid 50%. Even the 50% paid by my father, was because, I was assisting my family since taking up a job from 1991, by giving all my salary at home. Needless to say, in case, I wasnt there, my father wudnt have been able to purchase this property.
My sister got married in 1989, and since day one was suffering a broken marriage, and most of her married life she was living with us and her daughter whom she gave birth in 1990. Till she died in 2002. My father got retired in 1996, the same year I got married. And, I have till date (since 1997, when I left for the Gulf) sent almost 1 crore to my NRI account, to assist my father in building a house on the property, as well as taking care of my sister, my mother, and my sister's kids, and their education. My sister gave birth to a baby boy while staying with us, in 1997.
My father has the POA to my NRI account, and has withdrawn every penny from there for the purpose of the house and other expenses. I have hardly gone personally to the bank, not more then 2-3 times, during my vacation trips in India. All evidence of money sent and withdrawn can be availed from my Bank pass books and statements. The total value of money sent with interest (as per present rates), if calculated comes to around 3.00 crores.
Meanwhile I also purchased 2 flats nearby. in about 2000-2001. Till date, all the rents, in these 13 yrs, have been taken by him as house expenses. I and my wife myself have entered the Housing society in which our flats exist for about only 2-3 times in these 13yrs. The present rents for each flat is around Rs.8,000.00/each.
In 1996, I encouraged my father to purchase one additional property adjacent to ours. He was hesitating to purchase the same, since obviously, he just had his retirement money with him. With which he wanted to initialize the construction of our house on the 1st property we had purchased. I did not have money at that moment to purchase the additional property. And, since, I was anyway going to send money for the construction of the house, since his retirement money wud not be sufficient for the same, I requested my father to procure the additional property with the money he had, and I would send all the money required for construction of the house.
Which I eventually did. Meanwhile, he pressurized me to take my wife's money, gifted by her parents to enable to start construction of the house. In those days (1999-1999), around 1.50lakhs.
This additional property was registered by him in my mother's name.
In 2010 I constructed an 1st floor on my present house with a cost of 15 lakhs. Supervised by my father.
All these years, since my sister's death, I have been taking care of all the education and living expenses of my niece and nephew. I have gifted them a Scoripo car/jeep, well furnished the house with ACs, leather sofas, high end refreigarators, 2nos, LCDs, 42inch, computers, lap tops, etc.
All these 13-14yrs since the house was constructed, I and my family (my wife and 3 kids), have visited and stayed in the house just for 1 month/each year, during our vacation. The entire house and it's facilities have been thoroughly enjoyed and lived by my father, mother, niece and nephew. To the extent that, when my family visits during my absence, my kids and wife are regularly insulted by my father and my niece & nephew. Things have become more serious since the death of my mother, in 2009.
My niece completed her Engineering, and with the idea that, in case, I can marry her off, with a good alliance, then some problems can reduce. Since, I analysed that, she had a major role to play in the tensions between me and my father. I arranged a nice alliance (an engineer) and married her in Nov 2012, bearing all the expenses of almost 13 lakhs of the wedding. Without a single penny help from my father, or her father's side. I also confirmed during the marriage that the 2nd property shall be made in 4 parts, and 1 part shall be given to her, and one to her brother.
But, as I understand, my niece and my nephew also eye part of the property (1st property) on which my house is constructed, by way of inheritance from my mother. And, my father is encouraging them for the same. In fact a new fact was come to light that, my father was actually planning to marry my nephew to one my daughters to ensure that my property does not go anywhere. We are Telugu South Indians, where such alliances are common.
In fact a few days before the wedding, my father came with a Banana stem cutting axe (typically seen in South Indian movies during fight scenes), and put it on my throat, in front of my wife and daughters, threatening to kill me. My daughters have not recovered from this shock, yet.
My mother expired due to Liver Cirrhosis ( Hepatitis C). In fact she died by breaking her leg, in the night, when she got up to go to the bathroom, by stumbling at my niece who was sleeping between the bathroom and the bed. She was already very weak, and her fall hastened her death. My mother was the only person who sided with me and my wife, and was very much afraid of the attitude of my father and niece. Recently, I came to know that, she was prepare to marry my niece when she was 18yrs itself, and had almost finalized it, unable to bear her torture in the house. Putting 2 and 2 together, I feel that, my niece deliberately slept there with some criminal intent. Since, my mother was the only person who was opposing her and my father in the house.
Above is in gist about the situation of my family. Kindly advise, as to how to go about it.
Regards,
Surya Rao
ajay sethi
(Expert) 24 August 2013
AS FAR AS YOUR MOTHER 50%SHARE IN PROPERTY IS CONCERNED SINCE SHE DIED INTESTATE HER 50%SHARE DEVLOVED ON HER LEGAL HEIRS . YOUR SISTER 1/3RD SHARE HAS DEVLOVED ON HER CHILDREN .
SI,MLARLY THE ADDITIONAL PROPERTY STANDING IN NAME OF YOUR MOTHER WOULD DEVLOVE ON HER LEGAL HEIRS ON HER DEATH .
IT IS BETTER YOUR RSOLVE ALL YOUR FAMILY PROBLEMS BY DISCUSSING THE ISSUE WITH YOUR FATHER .
ajay sethi
(Expert) 24 August 2013
dont purchase additional properties in india . sell of other flats standing in your name only .
your are doing very well professionally earning rs 60 lakhs a year . you can buy more properties during your lifetime . if your father wants that your mother share in 1st property should go to your sister children only then in defernce to his wishes do so .
Surya Rao
(Querist) 24 August 2013
Dear Mr.Sethi,
Thank u for ur valuable advise, which is right legally. In which, I have already conveyed equal inheritance on the 2nd property to my mother's legal heirs. I have divided the property in 4 equal parts, and conveyed 1 part to my niece, one part to my nephew, and the balance 2 parts to my daughters.
As regards the inheritance on the 50% of the 1st property which is in my mother's name, I feel my sister's children do not have any claim on the same. In fact they do not have any claim on any of the total property, since their life and life style is a gift from me, since they were born.
But, assuming they will come for a claim, will I be right, in taking legal re-course in settling all the expenses incurred by me on them, all these years, including, marriage, lodging, boarding, food, education, staying, enjoyment, clothes, etc, and then, they can claim their share.
The rent for the house in which they r staying (fully furnished), with ACs, car, computers, lap tops, beds, sofas, refrigerators, etc, is in excess of Rs.50,000/pm. Which, my father, who is a retired government employee can never afford.
And, I, my wife and 3 daughters, have just stayed and availed of these facilities just for 1 month in a year.
I am sure, they will end up having to pay me, even after they claim their share of not one, but, both properties.
2ndly, as my father is an inheritor from my mother, in both properties, can he choose to give his share only to my sister's children? Or, will law tell him that, it has to be equally shared between both, mine and my sister's kids?
ajay sethi
(Expert) 24 August 2013
your father can bequeath his share as he desires by will . if he dies intestate then his share would be divided among his legal heirs ie you and your sister . her share would devolve on her children .
you have during your lifetime discharged your responsibilities to your family admirably . you have looked after your sister children as your own . dont make any claim for money spent by you on their upbringing . give them the share if they demand .
Surya Rao
(Querist) 24 August 2013
Dear Mr.Sethi,
Kindly note that, I am very well placed now, and by the grace of God, I shall prosper more. But, I am also suffering from HIgh BP, and hyper tension, since about 5yrs, mainly due to my father and my sister's children, due to which doctors have diagonized me with an 'enlarged heart' condition.
Which means, I have to be extremely careful of my health. If anything happens to me, my wife and 3 daughters will be on the streets, in case, I do not secure them financially. My father shall dominate my wife (who is a very mentally weak person), and my children.
Plus, this is the Gulf, Jobs are always not stable here. Also, the region too his highly unstable. We dont know, what can happen which time?
By the grace of God, I am doing very well. I came here on a salary of Rs.30,000/pm in 1997, and am drawing in excess of Rs.5.00 Lakhs/pm, tax free. I struggled so much for my family. To see that, my parents, and my sister's family are well taken care off. I always gave secondary preference to my own family (my wife and kids).
ajay sethi
(Expert) 24 August 2013
you have done a exemplary job in taking care of your extended family .
god has rewarded you handsomely .
i have already advised you to sell of your other properties wherein you are the absolute owner . keep the sale proceeds in bank in joint account with your wife .
make a will bequeathing your sahre in property to your wife and children .
Surya Rao
(Querist) 24 August 2013
Also Sir,
I also saw to it that, my niece's grandfather (father's father) also give her a share in his property prior to her marriage. I forced him to come for negotiations, and saw to it that, he gives something to his grand daughter. I also ensured that, he also gives something to his grand son (my nephew) when he grows up.
By the way, in case I have missed, my brother-in-law (sister's husband) also passed away within one year, after the death of my sister, due to excessive drinking.
Because of my father's attitude, and also my brother-in-law's father's attitude, and the ego problems between them, my niece and my nephew have just met him (their own grandfather) 2-3 times in the past 20yrs.
Is it justice that, my sister's kids take property from their own grand father (father's father), which is rightfully theirs, as well as from me too, which rightfully is not theirs?
Surya Rao
(Querist) 24 August 2013
Thank you for your valuable advise.
Regards,
Surya Rao
Surya Rao
(Querist) 24 August 2013
Thank you Mr.Goyal & Mr.Sethi. Could u suggest a good property lawyer from Hyderabad?
Rajendra K Goyal
(Expert) 24 August 2013
Search locally or LCI data base or google.
