Property of my mother
ANAND JAIN
(Querist) 07 October 2014
This query is : Resolved
The facts are as under :
1. My mother owns a flat, some land and fixed deposits in bank.
2. I hv 4 sisters and myself(only son). My father died two yrs back.
3. none of my sisters r interested in the property of my mother.
4. My wife hs a son ( from her earlier marriage ) aged 13 yrs.
5 At the time of the marriage, i hd written on a stamp paper tht he will be my son and i will be his father. Is this a valid document under the law ?
6. his biological father is alive.
7. No consent or anything was taken from his biological father.
8. My mother wants to mk sure tht the flat and the land and the fd's are transferred in my name after her death(nomination done as iam disabled, barely able to walk).
8. Can a will solve this purpose.
Isaac Gabriel
(Expert) 07 October 2014
Settlement deed with your sisters as witnesses.points 4 to 6 has no relevance here.
ajay sethi
(Expert) 08 October 2014
for valid adoption of your wife son from first marriage deed of adoption has to be executed . consent of biological father is necessary . mere signing on stamp paper would not make him your adopted son .
your mother can bequeath her flat and other deposits by will to you . have it duly registered
Kumar Doab
(Expert) 08 October 2014
>>> First of all you should determine the property/estate is self earned/acquired or the source of flow of estate.
>>> The property of a female Hindu dying without WILL shall be distributed according to the rules set out as following –
Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
If the women has acquired any property from his Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters
If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband , in case of absence of his sons or daughters
>>> Your mother in her life time can give away the property that is hers to anyone in any manner say………………WILL…………….Gift/sale/transfer dedd…etc…
>>> Nomination does not supersede succession. Nominee is mere a trustee and has to pass the proceeds to successors. Thus you shall have to share the proceeds……………..say from FDR’s equally with your sisters.
Your sisters can relinquish their rights by a registered relinquishment deed.
Your mother can as per her free will can bequeath her estate to you by WILL.
The WILL may be registered. The registered WILLfetches more relianace.
>>> The stamp paper signed by you may become MOU. The adoption should be as per provisions of THE HINDU ADOPTIONS AND MAINTENANCE ACT
Since your mother and sisters are willing and amenable you may seek help of local lawyer dealing in such/revenue/civil matters and your lawyer can help you with legal formalities upto the level of your satisfaction.
ANAND JAIN
(Querist) 08 October 2014
A local lawyer told me tht since the property in the name of my mother has come from my father (since my mother was not earning anything, a simple housewife) the property will be termed as Ancestral property and hence will can be superceded by Ancestral property rights by ur wifes's son in future.
Does this argument hold any validity ?
ANAND JAIN
(Querist) 08 October 2014
by the way, all the property was earned by my father himself. none of it flowed from his father.
Kumar Doab
(Expert) 08 October 2014
It has already been posted that:
If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband , in case of absence of his sons or daughters.
malipeddi jaggarao
(Expert) 10 October 2014
Though your mother has no source of income, as the assets are in her own name, they are treated as her self-acquired property and she can deal with these assets in whatever way she deserves. Hence, if she wants that all these properties/assets are to be given to you after her demise, she can execute a Will duly witnessed by two persons. That will suffice.
You did not make it clear whether your wife was legally obtained divorce from her previous husband or not? I presume she obtained the same.
The affidavit you have executed will not entitle him to claim the status of your son as there is no legal adoption. Whether it is valid or not is a different matter. Why have you executed such affidavit? Only to convince the lady? Believing your words, though you are physically challenged, she consented for the marriage and now you want to go back on your stand? You want the lady but not her son. You should have made clear at the time of marriage instead of giving false promises. Law is different ethics are different.
My suggestion is - as regards respecting the feelings of your mother - there is no threat from the boy for claiming the property legally.
Hence, let your mother execute a Will. Her wish will be accomplished.
But you all should live happily like a family as the lady opted you believing your words, at least show love affection towards her boy. Property matters will come at a later stage, if the boy reciprocates the love and affection, you can continue treating him as your son, otherwise once he becomes major and stands on his own legs, you can decide about alienation of property.
ANAND JAIN
(Querist) 10 October 2014
The boy is staying with me since last 3 yrs and is in 7th standard but the whole problem started wen my in laws started pressing me to adopt the son last yr. They even forced their daughter not to hv my kid.
This made me skeptical abt the whole thing.
My wife started giving mental torture to us- by not cooking food, not cleaning, going outside without informing etc etc. Only after I sent a legal notice and police action on them tht they hv stopped this activity of inciting their daughter
All this events made me ask this question.
Only 3 yrs hv passed since our marriage took place. It was a legal divorce of my wife and only after reading the decree tht I consented to marry the lady and tht too after meeting her for 1 yr.
I did tell them many times tht let the boy be on his legs, he can then decide whether he wants to live with me or not. It is my duty to make him stand on his legs but probably they hd different motive at the time of marriage. I entered into wedlock with good faith and clear conscious.
malipeddi jaggarao
(Expert) 10 October 2014
I could understand your feelings.
Start respecting the feelings of others.
When the kid is staying with you and if you adopt the kid, if your problem is solved, there is no wrong in it. Once you adopt the boy, your wife will co-operate with you to have children. As you are skeptical about them, they are also equally skeptical about you. Remove their doubts.
ANAND JAIN
(Querist) 10 October 2014
My mother is 80 yrs old and I am also 49 now.
None of us can do any house hold work forget abt cooking. She stopped cooking etc.
My mother hd a bad fall this sep. My wife didn't help her at all. My mother was bleeding from her head and my wife jst stood there. All the neighbours helped her and took my mother to the hospital. My wives behaviour was totally unpardonable. How can a person behave in such an irrational manner ? Hd it been me instead of my mother, wt wld hv happened. since i hv generalised spasticity and balancing is difficult for me. how can i trust her in my later life ?
Every time she goes to her parents place, after her return she behaves awkwardly.
malipeddi jaggarao
(Expert) 11 October 2014
OK. Your originally query is addressed properly. Nobody can claim on that property if your mother executes a registered gift deed during her life time in your favour which comes immediate effect or if she executes a Will as suggested by me above, which comes into effect after her demise.
Probably your in-laws are not aware of this fact that it is your mother's exclusive property. Hence they are insisting you to adopt that boy so that he can get the property by inheritance which is totally wrong notion. Even if you adopt the boy, the property will not go to him during your life time unless you so wish. You can also deal with the property in whatever way you wish, as it is presumed as self-acquired property of yourself. It appears that looking into your assets your in-laws agreed for the marriage of the girl with you. Unless they are co-operative either their daughter or her son will not get any share in your mother's property or even after transfer in your name as suggested above. Make them clear this aspect through some known advocate. Then they may come into your line and stop guiding their daughter.
As regards relationship with your wife, what is the alternative you have? You make her also clear about the property issue and let her know unless you wish, either she or her son will not get a single pie out of the property.
The mantra is - start loving her and her son. As you have no alternative like going for divorce and remarry (as at this stage looking into your physical condition and age remarriage is difficult) you have to be more careful in maintaining relations. Your mother is 80 years and do not bother much about the issue of not taking care of your mother. The issue is very short-lived. Hence concentrate on your welfare. Do not raise the issue of having children biologically. Your age is over and it will be difficult to bring-up children looking into your condition. Hence treat that boy as your own son. Anyway, giving property or not is in your hands. Even if you adopt that boy, unless you wish to give the property, he cannot claim at any stage during your life time.
I hope, I could deliver a positive message. Living without help for a man in your physical condition is very difficult. Hence, having reconciliation is only the way. First mend your mind - remove negativity like not serving your mother, not serving you, asking to adopt that boy and all these things - start fresh life with love and affection. You can win anybody's heart with love. When there is no alternative to you it is more so important for you to take this way. I wish Almighty to give you strength to face the situation and peaceful life.
ANAND JAIN
(Querist) 11 October 2014
I am treating him as my son only. All my sisters wen they come once in a yr bring lots of things for him. Unofficially, he is a family member. I can think of adopting him only after he achieves 18 but Partitioning my house is not at all possible till I am alive.
In one of the conversations which I listened between my wife and her mother was to partition the house in two. In one part only my mother will stay and in another part my wife with her son can stay. My cousin who was the mediator in the marriage confirmed the motive.
Socio economic condition of my in laws is also not good. Her(my wife) mother is also not in good terms with her daughter in laws. Her father died two yrs back. It is a complicated picture of inside motives.
An unconditional love too requires a pure heart to catch that love.
Thanks a lot for clearing my doubts in this field. Now I can face the challenge with new vigour. I fully agree with u tht living without help wld be difficult for me but i cannot leave my mother also on the mercy of others wen I am alive. No doubt I can help her only in a limited way but atleast help is help. Psuychologically, she is at peace tht her son is looking after her.
T. Kalaiselvan, Advocate
(Expert) 13 October 2014
The query has been well addressed by experts, nothing to add more from my side.
