My mother and my wife needs safety for a PLOT
2 weeks ago
Hi Lawyers,
My mother owns a plot in Bangalore BBMP limits (B-Khata property). She bought it from someone through sale deed. It is her self-earned property (she was salaried), and not ancestral property.
Terms are not good between my mother and my wife. I have a sister (born in year 1983). My wife and my sister too do not have good relationship. Basically no one trust any one.
My sister had received some money from my mother as gift. Now my wife is asking me to 'ask my mother to give me the plot, to compensate the favor she did to my sister'. My wife thinks that my mother should be doing justice to me too, by giving this property to me, to compensate what she had given already to my sister.
My mother is ready to gift me the plot. She agreed gracefully to give me. But my mother is also scared 'what if my wife force me and gets the plot into her name (from me) once after my mother gifts me?'. My mother wants ME to own the property, NOT my wife. She is very rigid on this point.
We also thought 'if my mother executes a REGISTERED WILL in my favor, to have me as the sole owner after her demise. But my wife does not agrees to this, as my wife thinks that the WILL can be CANCELLED or AMENDED anytime during the life span of my mother.
Could you please suggest me, the best way to satisfy all of the ladies in my family? I want:
1. My mother to have peace of mind that we will take care of her till she is alive (my wife should not cause problem to her), and she wants ME to own the plot (at least till she is alive).
2. My wife wants peace of mind that the plot will reach US (Me or my wife or my son) after the demise of my mother, and there should not be any hassle during the transfer of title.
3. My sister needs peace of mind that we (Me and my wife) takes care of my mother till she is alive.
NOTE: I have my father alive, but he has no role to play in this matter, as he ALWAYS wants ALL OF US to be happy. He dont complain of anything. He is ready to accept anything as long as we all agree.
Please suggest me the best possible option to keep my mother, wife and siter happy.
It seems that you are in a deep predicament and there might not be a legal resolution to this embargo and you may need to resolve this though talks.
Legally you have two options to go for gift or will and for both of them you have certain reservations from someone in the family. Better to sit with all and settle the matter.
Both gifts and a will are unchallengeable before the Court by an aggrieved party after the demise of the donor and testator. Instead, your mother can consider the execution of a deed of family settlement to resolve the issue. In a family settlement agreement, all the members of the family should sign the settlement deed in the presence of witnesses and be registered under the Registration Act to make it legally valid and enforceable. The validity of the settlement agreement requires free consent of all the parties which must be given voluntarily, without any coercion or undue influence, and must be supported by consideration. The family settlement deed once executed and acted upon can never be cancelled. and registered deeds can be cancelled by the Court's order only. The validity of a family settlement deed can be challenged in Court within a 3-year limitation from the date the cause of action arises, like knowledge about fraud, coercion, undue influence, etc. It is advisable to get the deed of family settlement well-drafted by an experienced professional to avoid all sorts of disputes in the future.
Your mother can transfer the property to you by executing a gift deed in your favor. In that way, there will be no apprehension of losing the title over the property or anyone else claiming possession over it. If required, you can consult an advocate for further assistance and steps in the matter.
Hope it helps.
Thank you
Your mother can transfer the property to you by executing a gift deed in your favor. In that way, there will be no apprehension of losing the title over the property or anyone else claiming possession over it. If required, you can consult an advocate for further assistance and steps in the matter.
Hope it helps.
Thank you
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