Rima 30 May 2016

Father bought house with son's money

Hi Experts,

My husband gave considerable amount of money(by cheque) to my FIL to buy an apartment for self usage. My FIL added some more money in cash and bought an apartment in his and his wife(my husband's step mom's) name. Basically the apartment is meant for them to live their life till their end. My husband's step mom has children from her previous marriage(i.e. not my father-in-law's kids).

Now coming to main question, can my husband claim back the property after his father and step mother's demise? Will her kids(who were born of her earlier marriage) can also claim a share in property as their mother name is present on the propery documents as co-owner? If my FIL demise first can she give away the house to her kids, without any share/knowledge of my husband?

Other information

1) My husband is only son for my FIL

2) My husband's step mom never earned and was completely dependent on my father in law. Infact her both kids education was take care by FIL and also he gave them consider money for their education and other needs.

3) My husband gave money to FIL through cheque, and my FIL gave cheques to the builder from the same account in which money was deposited.

4) My FIL had a land in his home town, which he gifted to my husband a few years ago to avoid any property disputes after his death.

Does my FIL tax filing(i.e. if he declares the money as gift), will that make any difference for legal matter?

Thanks in Advance!

Rima

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8 Replies

G.L.N. Prasad (Retired employee.) 31 May 2016

Consult advocate and get a gift deed registered in your husband's name, specifically stating the cheque no...given by your husband, that he is only son, they are entitled to reside or rent during their life time, confirming not to sell or alienate the property during their life time etc.and let the joint gift deed executed witnessed through near and dear young relatives. As the investment is heavy, it is not advisable to take risk it is always better to consult local Advocate.

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT) 31 May 2016

Children of UR step MIL have no right in the properties of UR FIL.As UR husband is the only son he is the legal heir to his fathers properties along with his step mother.The properties would be divided into equal shares between UR husband and her.Her children are noway related in the transactions.Money invested by UR husband through a cheque transaction is a valid evidence.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 01 June 2016

The property in question is in joint name of your Father in law and his second wife having children from a previous marriage. Unless you can prove that she has no means to be joint owner and your FIL only made all the investment (inlcuding taking help from your husband) for purchase of the house, you case shall not hold, if it goes to Court.

Better have a family meeting and sort out the matter. If Family meeting is not possible, nothing else is possible and only time solves the problem if any.

Be happy for the money your husband given to FIL, he got a gift of the land elsewhere.

Rima 02 June 2016

Basically my step MIL wants to gift that house to her kids(even though they are well settled now, and have more than one house already, thanks to my FIL financial help and some assets they inherited from their paternal grandparents) after my FIL demise. Basically she is a mother like me who wants to her kids to prosper more than others.

So gift deed is not possible, in the past we tried but unfortunately my MIL is making my FIL life hell, and things turned out quite ugly. So we decided to let it go. However want to findout if there is any legal aspects which can support us at later point of time.

We dont have any problem she live in that house during her lifetime, but dont want to let go my FIL and my husband's hard earned to some unrelated people. I would like it to come to my kids.

Originally posted by : G.L.N. Prasad
	Consult advocate and get a gift deed registered in your husband's name, specifically stating the cheque no...given by your husband, that he is only son, they are entitled to reside or rent during their life time, confirming not to sell or alienate the property during their life time etc.and let the joint gift deed executed witnessed through near and dear young relatives. As the investment is heavy, it is not advisable to take risk it is always better to consult local Advocate.

Rima 02 June 2016

Thank you Sir for the advice. Family settlement didn't work, right now kind of stalemate for any documents to be signed.

My FIL wants us to have the house after his and his wife's demise, he just want a place to live for his wife after his demise. He lives on pension and have reasonable money in bank and his wife would get part of pension after his demise too and ofcourse entire money in bank as she is joint holder for all FDs. However my MIL wants to gift the house as well to her kids(who are already well settled) as she feels my husband got his share of property from the land which was gifted, and treats the house as her share of my FIL earned money. By the time my FIL married her, my husband was grownup and living in other city on his own income. She never brought him up and competes with my husband all the time, for attention and other financial things.

My only intention is my Kids should get what is their father's and grand father's hard earned money. My MIL being wife if my FIL we don't mind her staying/using the house during her lfie time, but dont want to let got to her kids who are neither related to my Husband or FIL.

Originally posted by : SIVARAMAPRASAD KAPPAGANTU
	The property in question is in joint name of your Father in law and his second wife having children from a previous marriage. Unless you can prove that she has no means to be joint owner and your FIL only made all the investment (inlcuding taking help from your husband) for purchase of the house, you case shall not hold, if it goes to Court. Better have a family meeting and sort out the matter. If Family meeting is not possible, nothing else is possible and only time solves the problem if any. Be happy for the money your husband given to FIL, he got a gift of the land elsewhere.

Rima 02 June 2016

Thanks for the response. My question, can she give away her share as her name is in the property document?

Also I remember seeing a post in this forum saying Supreme court judgement giving rights to inheritance property for step children too. Can you please clarify?

Originally posted by : SAINATH DEVALLA
	Children of UR step MIL have no right in the properties of UR FIL.As UR husband is the only son he is the legal heir to his fathers properties along with his step mother.The properties would be divided into equal shares between UR husband and her.Her children are noway related in the transactions.Money invested by UR husband through a cheque transaction is a valid evidence.

SAINATH DEVALLA (LEGAL CONSULTANT) 02 June 2016

Step children means children born to the person outside the wedlock.

T. Kalaiselvan, Advocate (Advocate) 04 June 2016

Your husband should not have funded the purchase of property or he could have asked his father to buy the property including his name instead of his stepmother.

Now the property is on the joint names of your FIL and his second wife.

This confers an absolute title on both their names

Both of them own 50% share in the property

upon intestate death of both:-

Your FIL's share shall be divided between your husband and his step mother because she is also a legal heir to your FIL.

Your FIL's wife's share upon her intestate death shall devolve only on her own children. Your husband shall not be entitled to have any share in her intestate property.