Sale of share in property
PPBiswas
(Querist) 30 June 2013
This query is : Resolved
My father-in-law has died intestate. Three months before his death, he signed an agreement with a NGO to sell his house and took 20% of the sale price as advance. After his death, his wife, son and daughter are equal owners. But his wife is trying to take all the money, depriving her daughter(son lives abroad and he agrees with whatever his mother says or does). All three of them have signed a judicial affidavit in front of a first class magistrate declaring heirship.My questions are:
1.Is it possible for one party to sell his/her undivided share separately to the buyer?
2.If mother has signed the memo of consideration jointly with father-as receiver, and again as witness, can she deny acceptance of the money?
3.Mother has encashed all assets of her husband and has a huge amount of liquid cash and gold with her(she doesn't trust any bank or post office). She insists on living alone,refusing care from her daughter. Daughter is apprehensive that few touts who are mother's only confidants, may kill her off to capture the money and gold. Is it possible to approach court seeking custody of her mother or else, is it possible to give an ad in a newspaper declaring that since mother is unwilling to be taken care of by her daughter, daughter has no legal responsibility for her mother-in case she appeals for maintenance from her daughter in future?Daughter is a housewife and has no income of her own but she has a separate apartment which is vacant where she wants to keep her mother in case mother does not want to live with her daughter.
Adv Archana Deshmukh
(Expert) 30 June 2013
The daughter can claim her share only. She cannot approach the court for custody of her mother. The mother have every right to live independently and cannot be forced by the daughter to be taken care of. There is not need to give any notice in the newspaper as stated.
Raj Kumar Makkad
(Expert) 30 June 2013
1. No.
2. No.
3. No.
It is not understood how the mother only sold the properties of your deceased father. Either you both brother and sister might have given POA in her favour or clarify the way she did this so that I may suggest you the legal way to get your rights.
prabhakar singh
(Expert) 01 July 2013
The agreement to sale to NGO by father is enforceable against heirs of father(mother,son and daughter).The sale deed can be executed either jointly by trio or separately but only to NGO and not to any third party.
Mother is accountable for consideration received by father if proved to have been left in her hand and mother is also accountable to other cash in her hand if proved to have been left by father.
However mother can not be forced to live in care of daughter unless she is proved to be of unsound mind.
Guest
(Expert) 01 July 2013
1. The other legal heirs can file a civil suit against the mother and file a separate application for appointment of Advocate Commissioner by the Court and he can take all the cash and gold from her and make rendition of accounts to the Court in the Suit. The cash and gold will be kept in the Court locker/Bank F.D. The Suit will be proceeded with and when finality is reached and all the legal issues are resolved, the money, gold and other receivables, etc., will be equally distributed by the Court to all the legal heirs.
2. Until and unless the Suit is filed, your problem will not get resolved. Hence engage a good civil lawyer who can handle the trial cases very well and solve your problem.
PPBiswas
(Querist) 01 July 2013
Agreement for sale was signed by father few months before his death. Mother was witness to this agreement and on money receipt, she signed twice, once as receiver of the draft and again as a witness.
It is understood from reply of experts that mother cannot be helped against her own will.
1.However if any untoward incident happens to her,e.g.robbery or assault or murder, can the daughter be held responsible by virtue of living close by(three km.)and accused of negligence?
2.Can such an eventuality be avoided by giving a newspaper ad declaring unwillingness of mother to be taken care of by her daughter?
3.Can mother claim maintenance from her married and unemployed daughter if her son is alive but lives abroad?
Adv Archana Deshmukh
(Expert) 01 July 2013
1. NO
2. It will not be proper to do so.
3. If the daughter is not earning the mother can claim from her sons only.
prabhakar singh
(Expert) 01 July 2013
1.& 2.Why a daughter is apprehensive of being charged of murder of her mother?There seems to be something more behind as untold than what is being told?
3.NO! a mother CAN NOT claim maintenance from her married but unemployed daughter.
When son is earning son would be liable to maintain ,no matter where does he reside.
