Query

KUMAR.S (Querist) 21 January 2012 This query is : Resolved
DEAR SIRS,
IN 1999,while my father has stopped working 3 years before, we purchased a individual house and it was registered in both my father and my mothers name, since then iam the only earning person, in 2007 i again at my own cost constructed the second and third floor,two years ago my father passed away and the house came to my mothers name, now my mother demands a lumpsum to my only sister who got married in 1991,but she insists not to transfer the property to me, even after paying her the amount she demanded,my mother wants it to be in her name till her final period,she insists if possible i will give you in a form of writing ,this property solely belongs only to you after my period.Now i want to know
wheteher such a thing is possible, is it safe for me, and even if she gives me such a declaration, has she has the right to change the declaration once again without my consent, or else what should i demand to be safer on my part .And iam also married and i have two kids at the age of 8 and 2.Does she has the right to take a sole decision on whether disposing or mortgaging the property without my consent,

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KUMAR.S (Querist) 21 January 2012
iam waiting for your answer

Sudhir Kumar, Advocate (Expert) 21 January 2012
You have already done stupid act by adding two floor to the house. Another stupidity you will do when you pay proportionate cost of the house to your sister and still she has the right to seek division after mother's death. Anyway your break up with sister is a matter of time. The amount of money you may pay on you mother's insistence may perhaps be much more than you will need to defend the litigation which your sister will file. Your mother proposes only to will the property to you. But your sister has all the right to challenge the will by stating stupid arguments like (i) not signed by mother (ii) mother forced to sign (iii) mother could not understand due to age (iv) mother had no right to will being part of ancestral property (atleast her children can contest it as property of their grandfather. It will take you years to tide over and win. They will put you in spin so that you have to make lawyers richer. You need money for the same. Better budget the money.

Arvind Singh Chauhan (Expert) 21 January 2012
As the house is in the name of your father and mother.Your mother can bequeath only her share to any one and father's share may be distributed between you and your sister.

Raj Kumar Makkad (Expert) 21 January 2012
I have also similar opinion as of Sudhir.

M/s. Y-not legal services (Expert) 22 January 2012
am also agree with sudhir sir..

-tom-

V R SHROFF (Expert) 22 January 2012
I agree with Sudhir,

Kumar,
Go for Family settlement , & get property transfer on your name with help of few elderly.

Get Panch, Explain your contribution top Jt Property, and settle to Pay to your sister, & get installments for payment, but register your Family settlement that whole property now belong to you. Pay by any means, Property price will go up, and u do not lose anything. [ otherwise also, ur right will remain, and be in possession. till then ]