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Siddharth (Manager)     25 January 2024

Is the written promissory note legally valid

Respected lawyers, my dad wrote more than 70% of our property on my step mom's name( She doesn't have children) ,he even sold some of our land, bought a apartment flat and registered it on her name. He didn't do it willingly, He has psychological issues, so she took advantage of that.

She has plans to sell all those once he passes away and go back to her native place.

My question is, If I can convince him and ask him to make her write a promissory note that she will not sell the property and she should give it to his heirs, will that be valid.

Some points I want to clarify
1) He was an alcohol addict and never took responsibility of family.
2) The properties originally belonged to my own mother and some of them are ancestral lands, He transferred my mother's land on her name after she passed without informing us. We were already majors at that time above 25.
3) He married unofficially and un traditional way at the age of getting his son married.
4) He lied to us that she is a cook before he brought her, then opened up that he married her which was a big shock for us.
5) The lady who entered was already in 50s(equal age to my father), she has given lot of pain and trauma to me through her abusive and severe narcissistic behaviour and manipulative tendency.Later I came to know through her town people that it's her 3rd marriage with my dad and she had abused her first two husbands aswell.
6) ) She even doesn't look after my father well and doesn't even cook. My father has maids for that. My father got habited to her nagging and abuses and takes that harassment sportively.
7) I rarely go once a year to them in our town and she insults, humiliates and harasses my father in an unparliamentary language in front of me which forces me to leave immediately in disgust and shock.
8) Once my mama(uncle) came in support of me and she threatened to do suicide. This is normal tactic she uses every time when somebody comes in support of me.
9) What pains me the most is, when I got admission in US college after 1 year of hardwork to study masters, even though having my own mother's property and my grand father's ancestral lands, i didn't get support to pay the fees.

She is adamant in giving property back. She has cruel intentions on selling property once my father passes and run away to her town.But still with small ray of hope if my father can convince her to write a promissory note that she will not sell the lands and heirs have the right to acquire after her, will the promissory note be valid?

And How to legally get away from this mess and such a dangerous criminal who entered our family in the guise of step mother.

Trust me, prayers,yoga and meditation helped me to keep my mental balance orelse i would have lost stability because of the abuse and trauma she has caused me since 14 years.

Pardon for the long post.. Kindly suggest.


Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     25 January 2024

By promissory note she cannot transfer the properties to your name or return the properties that have already been transferred to her name by a registered deed.

If your mother is reported to have died intestate then you can file a suit for partition and claim your share out of your deceased mother's properties, from your father even though he had sold or transferred them to your step mother's name,

1 Like

Sudhir Kumar, Advocate (Advocate)     28 February 2024

are you he same person who was rude to an experts at

https://www.lawyersclubindia.com/forum/details.asp?mod_id=230565&offset=1


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