Hi, This is a very complex family problem running for more than 15yrs. kindly help us out. My elder sister got married in 2005. As she did not like the groom she was bit upset during wedding. Later after few weeks she was happy and settled. My dad has a property(a building). After marriage my sister's husband wanted the property so he and his mom started fighting with her insulting etc,.. broke her self confidence and scolding her etc, asking her to abort the baby etc.,and pushed her to depression, slowly demanding my dad's property. She gave birth to a baby and is still in my father's house. Now her husband is saying if my dad gives the property to her only he can live with her. He says she is a depression patient so he cant live with her, if my dad doesn't give the property. She needs him to be better, when he is happy with her my sister is perfectly happy and fine. When he fights and goes away she too behaves very depressed and violent and fights with my parents. We wrote the property in her name once and he started enjoying the property but fighting with her and sending her to my dad and mom's rented house(after leaving the property they rented a house). So we took some legal steps and cancelled the property transaction. Her husband went back to his place in angry. Says property should come to my sister and my parents should leave the property then only he will come back. So how can we write this property in her name with what condition, so that he wont be able to enjoy the property if he fights with her and sends her out. only if he keeps her happy he should be able to enjoy the property.
Dear Client,
Your parents can execute conditional sale deed, that ownership will tranfer in her after their death. Keep sister happy otherwise will not enjoy the property, such clause are not valid. She can refuse him to enter in the property or can call the police.
And when you know , he is a greedy men, why dont you file criminal case of dowry demand and domestic violence.
Conditional gift deed should be executed by parents that they would be entitled to rentals of property during their lifetime and on demise daughter would be absolute owner of property
1.your father can execute the registered WILL in favour of your sister. By this, your sister will get the ownership after your father's life time or your father can execute the WILL infavour of grand son. In both options, the WILL become active after your father's life time. Till his life time, your father can enjoy the property. 2. 2.Terms and condition put in the settlement deed will not be a fruitful decision.
Hello
It seems that your sisters husband is a greedy person who is only interested in his own welfare. He sent his wife away to her parents and even told her to abort the baby.
The parents, want that their daughter remain happy so they gave the property to her although the same was cancelled.
IMHO it is not advisable to name the property in either your sisters name or in his name as your parents have moved to a rented accommodation because of his illegitimate and unreasonable demands.
Your parents can will her the property and the property would be transferred to her after their death although you too have a share.
Therefore it is not advisable to succumb to unreasonable and undue pressures.
Regards
Don't transfer the Property in his name. He is a greedy man even if you feel like transfering the property in his name then just transfer partly as co-owner.
1) One should make conditional WILL that till your parents are alive they will stay in that house and no body can send in any rented house.
2) If your sister and brother-in-laws want to settle in that building along with your parents they can settle it in one room. But your parents will have whole rights and can give remaining rooms on rent.
3) If your sister is happy in her matrimonial home and marriage life than only she will be entitled for this property otherwise the WILL be get cancelled and transfer on your name whole building.
4) Do keep your share in the property particularly in the Will and get same WILL registered with registrar.
See no such condition in GIFT or sale deed or any kind of document can be imposed as this is very subjective thing. Your father can make a Gift deed in favour of sister and she sall be the absolute owner. She can have total control over her property. She can evict her husband from the sad property.
So the stuation here is your sister need to be strong enough to handle the situation such condition on property deeds cannot be enforced no court of law can enforce it,
If he harasses your sister a case of DV can be filed agaisnt the husband and action can be taken,
Your father can transfer the said property through conditional gift deed, In case of violation of the term of right to live in with full dignity during life time, your father shall be entitled to get the deed cancelled.
1. in my opinion your sister must leave such a man who connects with her only if her dad gives his property to him
2. if your father transfer the property to your sister, then on demise of your sister, her legal heirs will be entitled to the property, in case she does not leave behind any Will bequeathing the property to someone else
3. her legal heirs will be husband and children. So her husband will have a share in the property post her demise and only if she dies intestate
4. if your family wishes to continue the ties with this man then you'll can transfer the property to her
5. but have a Will made of the property by your sister whereby she would give this property to any person of her choice including your parents
6. have the Will registered. Though under law, Will is not compulsorily required to be registered
7. this will solve the problem of her husband not treating her properly without this property
1. It is wrong on your part to decide to make your sister artificially happy by succumbing to the illegal preesure of your broither inn law to write the property in her name.
2. It appears that she did not gel well in her marriage and there is no limit for satiating his greed.
3. Collect evidence of his demanding the said property of your father in any way and then your sister should lodge a police complaint u/s498A of IPC alleging dowry harassment.
4. There is not much to be expected from her said greedy husband and the earlier she understands it, the bettr.
5. There after she can file a divorce suit claiming substantial amount towards compensation from him and start her life afresh.
