Law of succession for parsis
Ashapi
(Querist) 22 June 2014
This query is : Resolved
My mother fully paid & bought a flat.In property docs.she is owner 1st name & her son \'s name was included just because they both stayed together in this house.Suddenly son expired.She is staying alone with a maid servant who is with her 24X7. My Mother has a grandson adult who is in bad company & who does not care for her, does not lend financial assistance hardly ever visits her and even when she was serious in ICU never contributed for medical expenses nor visited her whilst in hospital. Now He is staying elsewhere alone in a rented house. His wife too has left him as he is in bad company & has many vices. His mother too has expired. My mother does not want to incorporate his name anywhere in this hard earned ancestral property paid by her fully, at all. Does grandson have any right to this property. He is mentally agonizing my mother during his one odd visits, only to tell her to transfer this property in his name. But she is totally unwilling to have anything to do with him. Her Society has signed nomination in property without his name. But though my mother has given a written appln. to society to remove my brother\'s name from society share cert. they refused to accept her application & flatly refused to delete her son\'s name (Deceased) from share cert.They are insisting that she gets a no objection cert. from her grandson. Grandson does not stay with my mother for past 14-15 years Is this correct? What right has the grandson in this property. Can he forcibly come and stay with my mother challenge her regd. will in which his name is not there at all. Can he challenge the regd. will after her death though his name is nowhere in nomination papers. How can my mother get her deceased son\'s name deleted from society share cert.. My mother wishes to her daughter, the legal heir as per nomination form accepted and signed by society. Is there separate law of succession for Parsis (Zoroastrians) or which law will become applicable after her demise. Pl. guide me on documentation and implications and guide me how to remove her son\'s name from society\'s share cert. and protect this property from falling into wrong hands of her grandson who does not care for her except has all his eyes only to somehow become owner of this ancestral property the minute she dies. Can he barge into this house if testators will made and daughter appointed as her legal heir.Pl. can you help protect my mother and her property and how the transition is smooth after her death such that her daughter takes over possession of property and all her movable and immovable assets etc. Can the grandson challenge in court if so what procedures should I as daughter complete to safe guard feuds after demise of my mother. Pl. reply to me and may I request you to kindly guide me well in advance, whilst she is alive now, through the processes involved in taking custody of my mothers flat, car park and assets etc. smoothly and Legally/ safely without dispute with her grandson. Thanks you may call me up for any clarifications please. Its urgent as my mother is very aged & seek solution whilst she is still alive. Hope U understand and look forward to as many Expert advices. Pl. keep strictly confidential and not expose this to general public please.
ajay sethi
(Expert) 22 June 2014
1) son is 50%owner of flat. as per agreement flat is bought in joint names .
2) on death of son mother and grand son would be the legal heirs to the son share
3) in other words grand son has 1/4th share in the said flat .
4) mother can make a will bequeathing her share in flat to daughter .
5) she can also make a nomination but please note nominee is only a trustee for other legal heirs .
ajay sethi
(Expert) 22 June 2014
mother can also in her life time execute a gift deed in favour of daughter if she so desires . have the gift deed duly stamped and registered
R.K Nanda
(Expert) 22 June 2014
consult local lawyer.
Rajendra K Goyal
(Expert) 22 June 2014
Consult a local lawyer and show all the papers.
Ashapi
(Querist) 28 June 2014
Thanks for the responses. Ajay and Raj Kumar makkad Sirs have mentioned that "mother can also in her life time execute a gift deed in favour of daughter if she so desires . have the gift deed duly stamped and registered ".
Does this mean that my mother can gift the entire 100% property to her daughter thereby leaving no share at all to the grandson?? OR in any case will 1/4th share go to the grandson AFTER HER DEATH WHICH IS AGAINST HER WISH.
The grandson took away the lacs of rupees which was settlement of employee dues from his FATHERS factory SERVICE SETTLEMENT, CLAIMED LACS AS INSURANCE AFTER HIS FATHER'S ACCIDENTAL DEATH AND has taken away entire investments LACS without giving a penny to his grandmother, knowing fully well that she has only her pension to thrive upon AND IS VERY AGED.
He does not care about her but is simply threatening her that he wants her to give her flat to him and incorporate his name in the share cert. and nominations which my mother has refused TO COMPLY.
CAN NAME OF DECEASED SON BE REMOVED FROM SHARE CERTIFICATE WITHOUT NO OBJECTION CERT. FROM GRANDSON?
SOCIETY REFUSED TO ACCEPT MY MOTHER'S APPLICATION PUT FORTH WITH ABOVE REQUEST AND ASKED SOCIETY TO PUT HER DAUGHTER'S NAME IN SHARE CERTIFICATE. IS THIS FEASIBLE IF SO HOW TO GO ABOUT IT.
CAN SOCIETY REFUSE TO ACCEPT THE APPLICATION FROM OWNER OF PROPERTY? PL. GUIDE ME.
Can you pl. guide me and send me by email a format of a gift deed as guidelines, via which she can complete formalities of gifting the entire 100% of this property with car park in favor of her daughter & register this deed as she wants nothing at all to be given to the grandson at all.
This is her wish and keeps mentioning she does not want me to unnecessarily indulge in legal battles with her grandson and his notorious family after her death and wishes to streamline this property matters whilst she is alive.
Looking forward to the draft format and clarification soon please by e-mail not public please help.
Thanks a lot.
Raj Kumar Makkad
(Expert) 30 June 2014
We do not provide formats here. Your mother is free to make her will as per her whims and wishes qua the property in question which clearly is owned and possessed by her exclusively. For more details, do contacta local lawyer.
