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tharun (se)     02 January 2017

Grandmother's property

Dear Lawyers, 

My Grandmother has two sons(my dad and his brother) and my grandfather passed away in January 2016. Now, my grandmother is paralysed with a stroke on one side. She can talk, but cannot walk and is bedridden. She stays with my dad's brother in Yeswantpur. She has a property in her name(a 1350 sq ft site with 2 storied building). 

Till now she has not made any will or anything in anyone's name. They get rent of 30000 Rs per month and they haven't given even a single rupee for us till today. Now, my dad's brother is saying that he want's the entire property in his name and that he will pay some money for us depending on the market price. Also he is saying he want's 60% of the property for him and the rest for us. Otherwise he is threatening that he will not give even a single penny for us.

He is threatening my grandmother everyday by scolding her. So when he asks, she says she will write in his name. When we go and ask, she says she will divide it equally for both of them. 

We really do not know what to do in this case as she is staying with my dad's brother. We also took care of her for few months by bringing her to our hame. When she comes here, she says she will divide it equally. Also, due to her paralysis, she loses her senses sometimes and doesn't recognize anyone. After medications she is back to normal again.

In this condition, my dad's brother is making plans to get the entire property in his name. Can anyone please guide me what best can be done by us in this case?

Thanks and Regards,

Tharun.



 8 Replies

saravanan s (legal advisor)     02 January 2017

Even if he threatens your grandmother and gets the whole property on his name as gift or through will which will come into force after her demise you have the option of challenging it before the court.her mental instability can be cited as a reason.

tharun (se)     02 January 2017

Thank you so much for your quick reply. Can you please let me know how I can prove her mental instability as she is not staying with us? She stays at my dad's brother's place from the beginning. And now since he is threatening my grandmother by hitting her and all, she is definitely going to sign the documents that he gives.

Kumar Doab (FIN)     03 January 2017

It is believed that you are Hindu.

Confirm!

Asa son your father can meet his mother and take her to a Doctor and obtain treatment record that may show she was mentally unsound, ....was being hit/beaten etc .................and build evidence that she was being coerced and forced.

Such irrefutable evidence shall help later.

Rent; Since she is owner,she can collect and use as deemed fit.

She being owner can dispose her estate in her life time by  a valid deed.

Paralysis/being confined to bed may not neccessarily make a person mentally unsound.

 

 

 

Kumar Doab (FIN)     03 January 2017

If 60;40 ratio can bring peace and avoid litigation then you can think about it also.

She can dispose estate  it by a valid/registered  deed and registering authortiy can come to her residence to register.

tharun (se)     03 January 2017

Thanks for your reply. Yes, I'm a Hindu like you said :). I'm already thinking of this 60:40 option so that there won't be any litigation. But, his plan is to give some amount and send us. His main intension is to get the entire estate into his name.

Just one last question. Till now, there is no deed or will made. In her paralysis state, is it possible for my dad's brother to take her to the registering authority or to get the registering authority to her place itself and get it regestired in his name? Will the registering authority question him saying, why now the deed should be done after so many years, in this final stage? or will the registering authority just register it to his name if my grandmother says yes?

Kumar Doab (FIN)     03 January 2017

It is the wish and will of owner to dispose her estate by a valid deed, till she/he is alive.

She can depute anyone to visit any office OR take her to any office.

 

Kumar Doab (FIN)     03 January 2017

If the special case shown is acceptable to authority it may agree.

REGISTRATION ACT, 1908

31. Registration or acceptance for deposit at private residence

https://dolr.nic.in/acts&rules/registrationact(1908).htm

 

A registering authority has a role of a catalyst in the sense of legitimizing certain transactions by registering as per law. By the action or inaction of Registering authority, there is no involvement of the State or the Government as such, except to the extent of charging registration fee for the service of registration as well as keeping the registers. 

 

 

It shall be certainly better to involve some neutral elders of th family and with proper supoort the ailing grandmohter in her last phase of life may be allowed to take qualified decision and be at peace with her.

 

It is also one of the possibilities that she may rather prefer to die without leaving any WILL or disposing her estate in anyone's favor.

 

Thereafter the families of all her sons,daughters may remain entangled in life time of legal battles and remain dumped in courts.

 

 

 

 

Kumar Doab (FIN)     03 January 2017

For your satisfaction you may go thru the illustration provided by court in case of :

 

Rajasthan High Court
Ratan Kumari vs State Of Raj And Ors on 27 September, 2013
https://indiankanoon.org/doc/77409567/

 

 

Para:2,25 


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