Securing mother's interests

Your wife does not get along with your mother. thats quite natural, a this is the nature of the law. But you are comfortable with your mother. aren't you? so it becomes your duty to take care of your mother ans sister and also to get your sister married. Why u want to sell the house.? by doing this you will make you mother homeless. Instead of that keep her over there int hat house. And regarding to your father's will since you said it is not registered and also not a single witness is traceable then very little weightage is given to the will. If you want to mutuate you name then you can do so overpassing your other co sharers - your mother and sister. But if you do that then there will be no difference between you and your wife.

So ideally you forget about the family oral agreement. If you sister files a partition suit against you then all thsoe family oral agreement will not be benefited to you at all. According to me keep a cordial relations with them, be nice to them . How long your mother will live? just give her everthing she wants and you continue living seperately with your wife in mumbai. you cannot severe your ties with your mother or your wife. You need bothe of them. So you make your own stand. and forget aboout any monetary interest of your own in that property as long your sister is unmarried and your mother is alive. when time will come you will get your share automatically. HAVE FAITH IN GOD AND DO YOUR DUTY.

Thanks Sumana. There are a few points that I may have missed out on in my last post.

1. My sister has been married for over 6 years now.

2. I posted this query find out how I can secure my mother's interest and at the same time secure my own. I pay my mom certain amount every month besides paying her mobile, landline, internet, electricity, water bills and property tax.

3. My wife insists on getting NC from my sister. I have had a very rocky relationship with my wife and this is one of the main pain points in our relationship.

4. My mother would like to ensure that I face no trouble from my sister in mutating the property on my name after her death. She would like me to give some money to my sister (since she is financially weak) in the event that I choose to sell the property even after mutation. I have no problem in doing this in such an event.

Please understand that I love both my mother and my wife and would like to ensure that family harmony is maintained however difficult things are between my wife and my mother. So while I would like to get NC from my sister, I would not like my mother's interests to be threatened in any circumstance and will really appreciate if anyone can help me understand how I can achieve these objectives. 

Dear Prashant,

It seems that you parents were under the intention to gift you the property or to make you the true owner of the property. Its good to hear that you are looking after your mother and sister. But inspite of these facts there are certain difficulties which you will have to face:-

• Will your sister be agreeable to give you the NoC? Will she not demand half of the share of the house? and have you ever spoken to your sister on this subject matter?
• The will made by your father is not registered. So have you taken probate of it yet? if not , can you be so sure that your sister will not give any objection to it while taking probate?
• You can do the mutation in your name only after you have taken the probate.

So the main thing for you is to take the NOC first from your sister. Just talk to her and get things work for you. and there is no such agreement family oral agreement legally. If anything is there then it will not be workable for your benfit. Till now you have filed no case against your people regarding getting possession so why are you asking for evidence. Pls dont think in that way. you will not achieve anyhing. Now you continue your cordial relations with your sister and get the NOC first, then you decide whether you are going to sell the house or not. Once youare having the NOC of your sister then it will be easier for you to get the probate of your fahters will and by thet you will be the owner of the propetrty. And if yo are going to sell the propetty to a thid party then what kind of precondition do u expect? So first think if after getting the property and after selling the propetrty ( residential house) where u r going to keep your mother? is she going to stay with you or you are thinking of some other way out. that you have think first then later on think how to take th NOC from your sister. After getting the NOC more than 75% of ur problem will be solved. so sit and think and if possible talk to ur mother. BUT DONT DO ANYTHING WIHICH IS NOT LEGAL AND DO GET SWAYED TO THE ASSURANCES GIVEN BY YOUR DEAR ONES, JUST MAKE IT HAPPEN ON PAER , BY LEGALLY.