Property
Querist :
Anonymous
(Querist) 30 June 2019
This query is : Resolved
My old mother is the sole owner of the property. We are a Christian family. I have two sons, both adults (unmarried). I do not have any property, assets or savings. I live in my mother's house & we are looking after her. I have a brother and sister, both older than me, & they both have their own houses. My sister has a son & my brother a daughter, both adults & married. My sister has a grandson, my brother two grandsons. My query is in the event of my mother's natural death, what would be my position legally to claim an "equal share" of the property. I do not know the contents of my mother's will, as I did not bear witness to it, so it is cause for concern. At the time of the will being registered, I was not informed about it, so I have no clue the contents of the same & how it might impact me and my family.
Am I entitled to an "equal share" of this property, and are the grandchildren entitled to a share? I am currently living in my mother's house. My concern is that since my siblings are not in a good relationship with me, I just do not want my share taken away, I just wish that the shares are divided equally amongst my siblings (only after her natural death). To say in simple terms, all 3 siblings get an equal share after her natural death of my mother, this is what I mean without the complication of someone getting more or less.
kavksatyanarayana
(Expert) 30 June 2019
Dear querist, though you are looking after your mother and living with her, you have no right to ask a share when she is alive as the property is her own property and she may give it to any one as she wishes. And also she already executed a will. After her death, the property will devolve on the beneficiaries mentioned in the will and no one claim it.
Guest
(Expert) 30 June 2019
Taking Care of Mother or parents( Obviously in Genuine ) is an Opportunity given by God equivalent to serving God.. Do it in the Right way.
Guest
(Expert) 30 June 2019
Bible and Bhagvat Gita and Quran says Do your Duty to your Parents with out any expectation and God would certainly take care.of your needs
Guest
(Expert) 30 June 2019
Seeking Legal Remedies about mother's property while she is alive and counting on brother's and sister's legal heir exposes your narrow minds. Better be with broad mind
Guest
(Expert) 30 June 2019
There was an incident in Adhi Shankara's Life. While Adhi Shankara was giving bath to his parents in an River God had called him and Adhi Shankara replied the God that he would come after completing his duty to his Parents. God appreciated him
Vijay Raj Mahajan
(Expert) 01 July 2019
Get a new Will made with two witnesses and get this new Will registrated if you want to claim property of your mother after her death.
If the Will is held valid by the Civil Court you will get the property of deceased mother otherwise all the heirs namely you and your siblings will get one share each according to the Indian Succession Act , the law under which the Indian Christians are covered for matter relating to the inheritance.
Guest
(Expert) 01 July 2019
Forcing some one to Execute a New Will in some one/s favor would be a Criminal Offence.
Guest
(Expert) 01 July 2019
Criminal activities should not be advised or suggested here.( To Whom So ever it may Concern )
Guest
(Expert) 01 July 2019
Will is an document Executed with the own wish of the Executor with out any Threats or Force Or Compulsion by any one and if So it would be Legally invalid if an Valid Objection is made please.
Guest
(Expert) 01 July 2019
Querist's Mother has got Two Sons and One daughter. She had accommodated the Qurist's Family in her house and Querist claims illegally he had taken care of her.
Guest
(Expert) 01 July 2019
Forcing any one that too an Senior Citizen to Execute a Will in their Favor with out their Wish would be an Criminal Offence
Querist :
Anonymous
(Querist) 01 July 2019
In regard to my query, I would like to confirm that my question may be misunderstood or causing confusion, to make it short in a natural event of my mothers natural death and I hope she lives a good life, can I claim an equal share of the property so it can be divided equally me and my siblings? (only after natural death, that is what I mean and divided equally)
My concern is that since my siblings are not in a good relationship with me, I just do not want my share taken away, I just hope that the shares are divided equally amongst my siblings. To say in simple terms, all 3 siblings get an equal share, this is what I mean without the complication of someone getting more or less.
Guest
(Expert) 01 July 2019
If you are really Clean you could openly discuss this with your Mother and let her decide.
Querist :
Anonymous
(Querist) 02 July 2019
I am unable to do so because unfortunately my old mother has a mental illness and has no idea of what is a reality so it would be impossible to have a conversation with her. In regards to your statement about ''Querist illegally taken care of the mother'' think this is a miss understanding my query, so clarify. The only concern is that since I do not have a good relationship with my siblings, my main concern is this - Please allow me to retort (Please see below.)
"Am I entitled to an "equal share" of this property, and are the grandchildren entitled to a share? I am currently living in my mother's house. My concern is that since my siblings are "not in a good relationship with me", I just do not want my share taken away, I just wish that the shares are divided equally amongst my siblings (only after her natural death). To say in simple terms, all 3 siblings get an equal share after her natural death of my mother, this is what I mean without the complication of someone getting more or less"
(This is my only concern) Sorry for any confusion and misunderstanding of my query.
Querist :
Anonymous
(Querist) 02 July 2019
I am unable to do so because unfortunately my old mother has a mental illness and has no idea of what is a reality so it would be impossible to have a conversation with her. In regards to your statement about ''Querist illegally taken care of the mother'' think this is a miss understanding my query, so clarify. The only concern is that since I do not have a good relationship with my siblings, my main concern is this - Please allow me to retort (Please see below.)
"Am I entitled to an "equal share" of this property, and are the grandchildren entitled to a share? I am currently living in my mother's house. My concern is that since my siblings are "not in a good relationship with me", I just do not want my share taken away, I just wish that the shares are divided equally amongst my siblings (only after her natural death). To say in simple terms, all 3 siblings get an equal share after her natural death of my mother, this is what I mean without the complication of someone getting more or less"
(This is my only concern) Sorry for any confusion and misunderstanding of my query.
Guest
(Expert) 02 July 2019
Try to amicably sort it out with your brother and sister
P. Venu
(Expert) 02 July 2019
During her lifetime the mother has the absolute right to dispose of her property at her discretion. The children have only the claim over the property after her lifetime. You have an equal share in the property left intestate
