Please tell me the information
Querist :
Anonymous
(Querist) 15 September 2011
This query is : Resolved
Sir,
Iam physically handicapped person(QUADRAPLIGIC),5yr back dad expired due to heart stroke,im with my mom now.my own elder brother is taking advantage of my situation,because 4yr back we sold our property,i got 3lakhs as my share,my brother told me that he will return me my money within 3months,i agreed because he went to beat my mother.now he is saying he cannot give money.he and his wife is behaving very wild with me ,as i cannot walk.
Now my mother had decided to keep our house on my name,because house is on my moms name.cost of the house is nearly 60lakhs.for a gift deed also its costing more money,now we not having money.
One lawyer told us that my mom should write on a stamped paper that after her entire property belongs to me and get registered in register office.my doubt is
1> by doing like this will i get full power on my house or not i.e will i get house documents on my name after my mom.
2> is there any law such that to make my brother and his family not to enter in my house,because they r capable to do harm to me for money sake.
Please advice me that can we do what our local lawyer told us.is it safe for me.
Raj Kumar Makkad
(Expert) 15 September 2011
1. Yes. One thing you should keep in mind that you being beneficiary should not sign anywhere the proposed will and only two independent witnesses of your fas freind circle or relative should sign as witnesses thereto to avoid all coming disputes with your brother.
2. Your mother can seek permanent stay order against them from civil court and no cost is required for that purpose as she may avail free lawyer and litigation expenses as per Free Legal Aid scheme.
prabhakar singh
(Expert) 15 September 2011
1]Yes ,a registered Will is the only course left as suggested by your lawyer as well as here by Mr.Makkad.
In addition to the precautions about the will given to you by Mr. Makkad that you should choose two friends of confidence to sign the will as attesting witnesses and you yourself should not sign the Will any where,in addition in the draft of the WILL
THERE SHOULD BE A REASON STATED IN THE RECITAL OF THE WILL THAT WHY YOUR MOTHER IS NOT READY AND WILLING TO GIVE ANY THING TO YOUR BROTHER FROM HER PROPERTY FOR WHICH REASONS STATED IN THE QUERY ARE SELF SUFFICIENT,HENCE GET THEM RECORDED IN THE WILL.
2] After the will is drafted and registered,your mother should file a suit of injunction against your brother and his wife praying the court to grant injunction against them so that they may not interfere in peaceful possession of your mother .
it would be very good if your mother pleads in the plaint to be filed in the court in this regard that she has made a REGISTERED WILL in your favor as that will keep away all disputes regarding the WILL that your brother may try to raise in the future,because the WILL shall stood admitted just during her life time before a court in a civil proceeding which shall prove worthy in all future times.
Advocate M.Bhadra
(Expert) 15 September 2011
If you do not have sufficient money to execute a Gift Deed by your mother in favour of you,now your mother can make a WILL in your favour. But after death of your mother you have to file a probate case for granting the said WILL by the court which will require to party added your brother and stamp duty have to be paid as per provision of law.So,Gift Deed is better option for you to avoid future problem.
