Property Rights of a Child from her Mother
Shweta Singh
(Querist) 24 June 2015
This query is : Resolved
Hi, My mom and dad got separated around 15 years ago, and ever since I and my sister had been living with my dad until he passed away in 2010. My dad was a retired govt employee and was a pensioner, my mom has been a govt employee too so the pension rights were ideally reserved for us and we even withdrew the pension as per legal terms. My mom has her own house and her savings which she doesn't want us to be a part of, so I just want to know what rights do the children hold for the property of their mother. FYI, she has been staying with her sister and her sister doesn't have any source of income other than my mom. She doesn't want us to be in talking terms with my mom and we even feel that she has been keeping my mom on some suspicious medication because of which my mom doesn't behave normally and says whatever she asks. My mom even met with a severe accident and she had a brain injury, hence a little damage to it. We want to file a case against my mom's sister. Please guide.
Kumar Doab
(Expert) 25 June 2015
Your mother is self earning/has her own source of income and can give away her assets/estate/property to anyone in her life time in any manner as it pleases to her e.g. sale/gift/WILL etc and may decide not to give anything to you.
If she is a Govt. Servant then she is under obligation to submit her medical history as per process/procedure of Govt. establishment and also for mediclaim purposes.
You may find out her regular doctor, hospital and hospital at which she was treated for brain injury. The doctors can very well opine whether sane/sound mind or not?
She is your mother and both of you should establish channels to contact, support and tend to her in her current state of health. Seek involvement of elders of the family.
Once you tend to her she being mother and you being her flesh and blood can strength the bonds and would know her factual and actual state and details.
The psychotropic drugs that can say sedate and affect the health can not be obtained without qualified doctor’s prescription and chemist and druggist has to keep the record for 5 years. The chemist and druggist that does not have Schedule X license can not keep such drugs. Hence your aunt can not procure, store, dispense, and administrate such drugs.She can be penalized for such acts if committed by her.
At the same time gossip, rumor, hearsay need to be believed and you may find out the truth yourself.
If your mother deceases without valid WILL then you being ClassI legal heir(s) shall equally share her estate…………………………even if your mother has nominated your aunt in say Bank a/c’s, Co-op society flat, locker etc except in case of equity shares……………
Even if your aunt succeeds to collect the proceeds from bank as a say…………..nominee, she has to pass on these to you.
No one can prevent you from visiting your ailing biological mother.
Your mother can refuse to see you.
If your mother realizes that you are turning to her only for her estate then she can be unforgiving and may act as it pleases to her………………..and may decide to gift/WILL her estate to her sister.
Rajendra K Goyal
(Expert) 25 June 2015
You or your sister has no right on the property of your mother during her life time without her wish. You can lodge claim if she expires intestate.
