Extremely urgent please : unwanted gift deed
Vani
(Querist) 02 June 2013
This query is : Resolved
EXTREMELY URGENT PLEASE
SINCE THEY ARE FORCING ME TO DO THIS IMMEDIATELY, KINDLY HELP ME IMMEDIATELY, PLEASE.
I am a widow with 15 yr son. I lost my husband 4 yrs. ago due to accident. My Father-in-law (FIL), in 80’s, was with us since many years of my marriage (my mother-in-law passed away few yrs. ago). I have served him obediently and diligently and am re-married recently to an unmarried man who is very nice. Due to his selfishness, my FIL didn’t want me to marry though he told outwardly I am like his daughter. He has another son with whom he can stay but doesn’t want to as he is scared of him while he had always dominated on me.
I have a flat which is in my name from joint name with my husband earlier. Now my FIL is prevailing upon me through my parents & relatives, my other ex-in-laws to give the flat away in my son’s name or make give him 50% to him through Gift Deed, which I am not interested in. He thinks, since I am re-married, I would give away the flat to my husband or he would get a share of it as legal heir if I die. My FIL has no trust or feelings for me whereas he likes my son (his grandson) and has spoilt him beyond control. Being a single child, he is already over pampered and now FIL wants me to gift away my only shelter to my son. I don’t know how, what he will turn out to be when he is major. His nature is also just like his grandfather. My FIL says I may throw out my son of the house just because I am married! However my son is, I am his mother and will always be bothered about him and cant even think of the kind of things my FIL is accusing me of! My parents are blindly supporting him out of social obligation though they know he is wrong and adamant.
If I make a gift deed in favour of my son, when he becomes a major, he can create a lot of nuisance for me. I don’t know what future has in store for me with my new husband! He may die or we may divorce, whereas this is my only shelter. Am I not entitled to have at least this much after being in this family for so many years and giving them a vaaris? My new husband is fed up of all this tamasha. He has no interest in one rupee of my wealth or property. On the contrary, he could give me when he dies. He has his own property. But how can I give away what I already have to my son on a platter? There have been cases where children have thrown away their mothers, but never that a mother would harm her son!
I do not wish to make a gift deed in favour of my son (for even 50%) as most people are suggesting to me out of prudence and practical reality.
I am willing to make a Will in favour of my son that until I am alive, I will have the rights on my flat. After my death, he will get full 100% ownership of it. But before my death, all the sensible people are advising NOT to make a gift deed and transfer any part of the ownership to my son. As such, he is already 25% owner due to legal heirship of his 50% share from his father. But they say, I may change the Will in favour of my husband, which I would never do on my dead body. And my new husband has no 1% interest in my property.
Can you suggest something by which I don’t have to make gift deed (irrevocable) and also my FIL & others’ unreasonable & unfair whims, fancies, tantrums, demands & mistrust on me is taken care of? And I can retain my property until my death.
Please DO SHOW A PRACTICAL, REALISTIC SOLUTION.
Thank you.
VANI
Adv Archana Deshmukh
(Expert) 02 June 2013
Will in favor of your son is the only practical solution.
Vani
(Querist) 02 June 2013
But they are NOT TRUSTING ME, saying " ...just because I am re-married, I may change the WIll any time in favour of my new husaband/sell my flar if he is in need of money(though he is does not have 1% interest in my 1 rupee as he is very well off)/i may go mad & throw away my son & favour my husband...etc... senseless arguments.
WOrst is I dont have support of my parents also who are toeing the side of my FIL who himself is unpredictable and senseless in his arguments.There are so many other things he has been doing while dominating on me even now, after my re-marriage, though now he is only my ex-FIL. But we have been giving respect only due to his age, not his character, nature and madness.
All said and done, God has not made mothers to harm their most harmful of children, which societies and families dont understand and make our lives miserable to the core.
My misfortune is compounded with my parents being insensitive to my safety and security. My son will grow up and fly away. If he had 50% rights, he could make my life miserable as we have seen in some examples. He is a replica of his grandfather in nature, adamancy, dominant behaviour at this age itself! When he is a major, he can ask me to give his share, or do many other things and at my old age, I could be a homeless mother!
Nobody on earth is more concerned about my son's future security and welfare than myself - a mother - however bad he may be to me. I wont be harming him, but he could harm me. What right do these people have to snatch away my secirity after being in this family for 20 yrs.?
Because I am weak in dealing at family level, they are making my life hell. I had not come to their family only to give them a heir!
Is there any way to prove to them that through WILL or otherwise but NOT GIFT DEED, my son will surely get this property from me, but ONLY AFTER MY DEATH? I CAN’T PART WITH ITS OWNERSHIP TO HIM DURING MY LIFETIME.
PLEASE DO GIVE SOME SOLID, IMPLEMENTABLE SOLUTION. IN SUCH A BIG VAST SUBJECT OF LAW, ISNT THERE A SOLUTION THAN A GIFT DEED WHICH IS IRREVOCABLE, JUST BECAUSE A WILL IS CHANGEABLE AND SOME PEOPLE DON’T TRUST IT?
Thank you for your help & support.
Devajyoti Barman
(Expert) 02 June 2013
You can make a Family Deed of Settlement where both the immediate effect of disposition and your security in the property can be taken care of.
Raj Kumar Makkad
(Expert) 02 June 2013
You can convince them that an irrevocable will of your share in the flat is going to be made by you in favour of your son born out of your first marriage and further that the son shall continue his possession thereto.
Anirudh
(Expert) 03 June 2013
Come what may. Stand your ground. Do not budge or succumb to the pressures. SAY THEM FIRMLY AND STUBBORNLY THAT YOU ARE NOT GOING TO DO ANYTHING - NEITHER GIFT DEED, NOR WILL, NOR FAMILY SETTLEMENT ETC. Let them do whatever that they want. Do not give possession of the Flat to your son either. If possible, better rent it out.
As the house is in your name, even your son cannot legally demand any share from the flat. Therefore, be firm and tell them clearly. If they approach any court of law, you will be able to win hands down. So be bold.
prabhakar singh
(Expert) 03 June 2013
From facts narrated by you it should be clear to us that property was in joint name of your deceased husband and you 50-50 which after his(intestate) death devolved upon you,your son from him and on your mother in law equally.Your mother in law had share of 1/6.
She also died intestate leaving behind her husband and a son,and her this( son of a predeceased son) grandson, as gets gathered from facts narrated by you.
So her 1/6 goes as 1/18 to her husband(your FIL)1/18 to her next son and rest 1/18 to your son from ex husband.
This all is the position of shares based on facts told.
Your share in the property is 50% plus 1/6
inherited from husband.
In the circumstances you do have a larger share in the property but that does not mean you have exclusive domain to discard other successors.Not an easy cake to gulp whole in any case.
I have not heard of any irrevocable WILL.To me there can not be any lawful irrevocable WILL.We should know that a WILL is WILL and NOT AN AGREEMENT.
The true way out lies in suggestion of Mr.Barman.A prudent draft of FAMILY SETTLEMENT, attending all pros and cons,
of every foreseeable situation is the practical resolve of problem posed.
Raj Kumar Makkad
(Expert) 04 June 2013
In general a Will made by the testator can be revoke at any time during his lifetime and testator can choose any other person as his legatee. There may be chances where a testator wishes to bring some alterations in the Will then he can make some necessary amendments in the prepared Will which is otherwise called as Codicil. A third party can not file a civil suit against the testator on the ground of cancellation of the Will. A Will made by the testator may be irrevocable in some cases where an agreement is entered into contrary to the Will, may bind the testator.
