FATHER WANT TO GIFT BUT BROTHER WIFE NOT
varun
(Querist) 04 September 2010
This query is : Resolved
Hi,
i just want help from all of you that my father want me to gift me some amount of money in cash as a last wish of my mother , and he is obeying the same wish of my mother, but my brother wife want me to sign a document which says that after receiving this amount i do not have any right in all properties of my father in future (property value more than 4 crores and they are giving 10 lacs) does any such document diffuse my right in my fathers property .help me what should i do any suggestion .
thanking you
varun
Raj Kumar Makkad
(Expert) 04 September 2010
It is not appropriate to provide any document/unertakingto the effect that after getting the gist of Rs. 10 lakh in cash against the wishes of your mother, you shall not be entitled for the share in inheritance of your father. Though such undertaking is not binding over your rights but the same can be treated as one of the evidence which can be taken into consideration by courts.
s.subramanian
(Expert) 04 September 2010
Obviously they are trying to get rid of you for a pittance. Don't sign any such papers at all. When your father is ready to pay the money without any such document,who is your brother's wife to insist on such a document? She has no right or locus standi to do so. We have to think of the other side of the coin also. Suppose if you receive the money without any such document also,she might press your dad to execute a will in their favour totally depriving you of your share in the properties. Better to be careful.
adv. rajeev ( rajoo )
(Expert) 04 September 2010
I do agree with Archana. If they took any signature forciably on any paper they wont do anything because any property worth more than Rs.100 transferred to any body or relinquished rights such document should be regd.,
varun
(Querist) 07 September 2010
ok suppose if i am ok with the amount i recieved / not my full right ,for the sake of the family and i sign the NOC for the property with the CONDITION that if later after division if my brother wife will not treat my father well ( food , shelter, financial , mental stability) then my consent will be revoked . and can i make any such condition on the NOC of the property for the sake of my father security as he is very old , what is the legal position of the condition here will this condition is of any help to me .
thanking you.
varun
Surrender K Singal
(Expert) 08 September 2010
None can stop your condition in what you want to sign in your magnanimity;
But, you have to be sure if your aging father would still be spared of ill treatment at the hands of greedy d-i-law even after your sacrifice for the wishful sake of your father's well being at their hands; Any gift / will at such stage may be challangeable either at the time of execution / registration or thereafter during probate proceedings;
