House registration and ownership
Querist :
Anonymous
(Querist) 19 February 2010
This query is : Resolved
(a) My name is Mahesh. My age is 35 years. My father is 75 and mother is 65.
(b) My father has built a house from his own generated / produced income. And it is in his name now.
(c) My father's wish is that the house should go to my mother after his death and should come to me after my mother's death. This is because, I am looking after my parents in their old age.
(d) But my father says he is not interested in making a WILL due to some or the other reason. He is interested in any other alternative.
(e) I have one brother and three sisters.
(f) I am worried assuming that there may be legal possibilities / rights for my brother or sisters to go to court after my parents death to ask for a share in the house.
(g) Hence please give me a solution other than making a WILL. For example, Can the house be jointly registered in three people names, my parent's name plus my name? etc.
B K Raghavendra Rao
(Expert) 19 February 2010
Your father can make a conditional gift to you with a condition that you would look after your mother well and only then you would get that property.
Poonam Upadhyay pathak
(Expert) 19 February 2010
Agree with above opinions to make a conditional gift with a condition to look after your mother and then only you can get the property.
Guest
(Expert) 19 February 2010
I think you will land into problems if you make your parents to give you the entire property without proper reasoning. Simply by looking after them well is not the only reason by which you may get automatic entitlement even by their own wish. It is not difficult for your brother or sisters to allege even at a later stage that because of your interest in the property you have taken interest in the parents welfare. It may be better if your parents spell out clearly the ways in which your brother/sisters are already compensated and in the like manner you are given this property settled on you. If there is no proper reasoning in the Settlement Deed, it will raise suspicion in others minds whether the settlement is voluntary or not.
Querist :
Anonymous
(Querist) 19 February 2010
My father has already allotted to my brother from other assets(land sites, cash deposits, shares/equities etc). He has even made arrangements in the share to my sisters(parents gold, fixed deposits etc). I am sure about it. But nothing is known to us what things and in how much quantity have gone to whom. Because we cannot ask these matters to them. But house should come to me is a open matter to everybody. According to me, my parents are even ready for joint ownership before their death. Only problem is I cannot believe my brother or sisters. what is the guarantee that my siblings wont go to court out of more greed, even after already getting some share in other assets. because one cannot predict behaviours after parents death.
Querist :
Anonymous
(Querist) 19 February 2010
I have made a mistake in the question. Please cancel thinking that house is allotted to me because i look after my parents. Please think that house is to me only, even if i do not look after my parents. My father is ready for ANY alternative other than WILL. Please give suggestions. You may please avoid thinking of any conditional execution etc..
