Self acquired property/share to grandson due or not due.cfm.
Querist :
Anonymous
(Querist) 04 December 2017
This query is : Resolved
My Father was a TENANT in trust property. After his death rent was paid and my mother was acknowledged as TENANT.All rent receipts were in her single name though other family members son/daughter etc. were staying in this house.This property was leased out to builder for REDEVOPMENT. In exchange builder agreed to give my mother single named TENANT A new flat with extra b/up area after paying a certain amt. My mother agreed, took a loan from bank against her and her husband's personal investment -(FD) and paid builder from her own funds and no one else. New flat was allotted BUT in the agreement, since I was married but my mother out of sheer love for her son and out of mercy, allowed my brother, his wife and son to stay with her in this new flat as he didn't have the means to stay independently and support his family nor rent or buy a separate house on his own. So when the agreement was made by builder, my mother's name was 1st as OWNER MEMBER in same and also on share cert of CHS. in Pune. Also since my mother was getting old, she thought it prudent to have her son's name incorporated in agreement at 2nd place as a safe measure. Son died INTESTATE and left behind his son i.e. my mother's GRANDSON. Pl. confirm under above circumstances can this new property be classified as her "SELF ACQUIRED PROPERTY" being the ORIGINAL SINGLE NAMED TENANT in which capacity she acquired this new flat and paid independently from her personal FD the diff. amt. to builder. My mother has executed a nomination form. 1. My name Daughter. 2. My Husband's name (her son-in-law) 3. her (1) grand son only as 2nd grandson (My brother's son and my brother's wife both abandoned my brother and left this flat 15 years ago and never cared for him or my mother and never returned to stay in this flat eversince till date. So his hame deliberately omitted from Nomination form and will of my mother.
4) Her grand daughter and 5) My Brother.(Her son). A remark is made on form "SHARE EQUAL "IF SOLD". This is accepted by Society. After death of her son, she got his name deleted officially by society officials which they did. Society also gave her an NOC agreeing to delete her son's name from society records and also NOC to mutate his name and incorporate my name (Her daughter) in Property tax records. This is actioned and property tax receipts and bills are coming in 1)My mother's name and (2) My name. Now my mother too expired last year. She executed a Registered will as per Law with 2 witnessnesses and doctor's cert etc. in correct fomat naming it as her WILL AND LAST TESTAMENT and all signed in presence of Registrar's office. In will she gifted and bequeathed her property etc. to me (her daughter) and my Husband as over the past 15 years we both have been taking care of all her needs and hospital bills, medicine grocery, tiffin, burea maid 24X7 to stay with my mother when she was alive as we were working then. After retirement we discontinued the maid service and I stayed with my mother and my husband looked after her and both our needs. Till now my brother's son was silent and did not care. BUT NOW all of a sudden he has been instigated to claim his father was a JOINT and EQUAL OWNER of this flat AND is threatening us to give him money = 50% of the market selling price wihch I'm sure is not due to him. Am I right. We offered him a huge amt. but what ever amt. we put forth does not seem enough for him and his greed for money is driving him to take the deceitful path by lieing, pinning false allegations on us, saying he will go to any extent to prove the GENUINE WILL FALSE by declaring that my mother was not in her senses (False statement as she was a teacher and intellegent right till the moment she died). He further states that I her daughter pressurized her to make the will whereas she made it off her own accord as per her own wish and last desires anticipating that after her death my brother's son will create a scene and disrupt our peace and create problems. All along he and his mother and family were waiting for my mother to die so that they can grab my mother's property and not allow me to stay in my parents home to whom my mother bequeathed her flat since we took great care of her over the years and no one else. Now the greed has increased and he is claiming he is liable to get not 50% of market value of this property BUT 75% SHARE i.e. 50% of his deceased father saying he was the owner as his name is on the agreement and all payment receipts, etc.whereas this was my parents property and all Property and society related payments concerning this huse and then new flat, were made by my father earlier and then by my mother, independently with no contribution what so ever from her son or any one else.
till she was alive. What does the LAW SAY. a) IS THIS MY MOTHER'S SELF ACQUIRED PROPERTY. YES/NO. Pl. cfm. b) Considering existance of Nomination form as above and will also WHO WILL GET HOW MUCH % SHARE WITHOUT SALE OF THIS PROPERTY. I do not want to sell my parents property entrusted to me with original docs etc. and instead wish to peacefully stay in it. But instead, the grandson now threatens to barge in the house in our absence, break the locks and will come and forcefully start staying in my mother's flat saying he has every right to stay in this flat which is undesirable and a threat to us senior citizens (me and my husband). his mother has also expired and he himself is officially divorced. so now only he and others named above are left. Pl. guide me as per LAW about his share whether he is entitled to get it from my mother's self acq. property or nothing is due and how to proceed and get him off our back as he is making our life miserable and we oldies are in tremendous mental tension and stress.
PL. HELP ME AND REPLY TO ME BY E-MAIL AT THE EARLIEST AND OBLIGE. THANKS.
P. Venu
(Expert) 05 December 2017
Please post simple concise facts.
