Maintenance right to mother
Latha Nair greets you.
The question may preferably answered by Shri Ajay Sethi
My father has willed his self acquired property to me with maintenance right (I mean she does not have right to sell or modify but can have earnings from the property) to my mother. Hence after his death as my mother is alive I was told by writer (our regular) that it cannot be transferred to my name solely and I will require mother's sign for every deal. My mother is ready to forgo this right but again the writer told that it needs to be registered which will have a hefty registration fee. Can I avoid this unwanted expense (as I am only spending (since I maintain it ) on this property as whatever income is there is given to my mother) by getting a power of attorney from her to sign on her behalf as I would need a bank loan in the near future again for securing the boundaries by constructing wall. Similarly, would I need my sister's no objection/signature and vice versa for her, mine, as mother's property (grandpa's self acquired property) is given to her, after mother's death. This property in question is in Kerala . My email id is email@example.com
Asked 2 years ago in Property Law from Pune, Maharashtra
My mother has by free will given some land to me where its dimensions from boundaries are mentioned but when my father constructed the wall around it the dimensions on one side reduced. the adjacent land is again on my mother's name but my sister's family is not willing to rebuilt the wall even slightly. It causes inconvenience as at present the wall is almost going over the lid of my septic tank. Do I have legal rights to get the boundary corrected since the wall is already built by my father come 3 years back. and I realised this problem about a year back?
Asked 2 years ago
1) upon the Testator’s death, only “a right to receive” the property has vested in the Final Legatee( latha nair) and till such time that the Lifetime Interest Holder ( your mother) is alive, the Final Legatee also does not have the right to sell, transfer or otherwise alienate the property.
2) your mother can relinquish her life interest in the property by execution of relinquishment deed . it would attract nominal stamp duty as executed in favour of family member as per latest notification issued by Maharashtra Govt . registration fees are not high in maharashtra . as far as fees for property situated in kerala is concerned only local lawyer can guide you in this regard
3) as far as property bequeathed to your sister is concerned your sister would need your consent as you are a legal heir of the deceased . similarly you would need her consent
1) if you are willing to rebuild the wall at your expenses your sister family wont have any objection .
2) if your sister family refuses then you may have to move court in this regard to restrain your sister family from obstructing rebuilding of wall as per dimensions from boundaries mentioned in the gift deed executed by your mother
Thank you very much sir. 1. If mother relinquish her right is it possible to get a bank loan for repairs in my name as unless saved the property might face structural damage and repair cost on old houses always overshoots overshoot finances. Mother always afraid of any loans and wont her consent. 2. Ironically in the second case my sister's family do not have any legal right but putting pressure on mother as this property is expected to go to them after her death and presently she is staying with them. 3. There is about 12 ft road which is used just based on understanding for many years by now. My brother in law's brother had bought this land from my mother's sister several years ago and of the 33 cents land he claims that he is using only 30 cents and the 3 cents are left for the common path. His property measurements were never done before us therefore we feel that he has more land than told outside in his custody and my rough measurement of the pathway side boundary indicates that. Recently the adjacent land which belonged to my father was measured and more than 2 cents are missing from paper declared area of this land. For a 12 ft road upto the first property needs an area between 3-4 cents. Hence it is sure that both parties on either side of this path has more or less equally contributed to the path. Do we really need to make an agreement registered for this way as 50-50 contribution as this relative who is also a party wants to claim that it is all his contribution? As for his benefit he has again pressurized my mother (road touching property) to give up at least about 1.5 cents of land to have a broader pathway to his property (this agreement is not registered yet, while he sold part of his land only the old agreement having 11ft wide road is only existing though the sale was based on his offer of truck pliable road to his buyer which was basically not in his rights). For these reasons I am not for redoing the agreement for the frontal side between mother and relative (again so as I am only spending for mother in building road/wall etc.). My sister was telling that in the recent re-survey since the whole land left for pathway is marked as private path nobody can change it. Is is true? Then we need not register anything. Further transaction also will go on based on that? I am slightly bothered as the other side people have not built boundary walls though there are marker stones, but for my father's prop along the way boundary wall is already made and what if later if they build wall into the area not leaving 12ft wide? Can I object to this legally?
Asked 2 years ago
1) if mother relinquishes her right by regd relinquishment deed you can make application for mutation of property in your name .
2) bank will grant you loan for carrying out repairs
3) as on date mother is absolute owner she can grant you consent for rebuilding the wall
4) it is for your mother to decide whether she wants to give part of her land for common path
5) in any case as on date 11 feet road is existing for access purposes to adjoining lands
6) if any boundary wall is built on adjoining lands and other land owners have no right to access their land they will claim right of way by necessity
1. The property has been bequeathed to you through the will by your father with the living right of your mother,
2. Take probate of the will unless taking probate is not mandatory in your area like delhi,
3. Once probate is granted, you are the title holder of the property wherein your mother has the living right,
4. You can apply for Bank loan wherein your mother can be the co-borrower,
5. There will be no need for her surrendering her living right.
1. You have the right to erect your boaudary wall surrounding the area of the land which has been willed to you by your mother,
2. What boundary your father had constructed has no consequence in the matter,
3. He had constructed a wall in your area leaving some area outside which still belongs to you,
4. You can very well construct the boundary wall on the boundary of your area which has been specified in your Title Deed/Will.
1. You can apply for the Bank loan now. Has any Bank objected to your mother's living right on your said property for giving loan by mortgaging the property?
2. If yes, then make her the co-borower. If she refuses to be the co-borrower or refuses to give a consent letter for your availing loan by mortgaging your said property, she can execute and register a relinquishment deed in your favour,
3. All your said problems/disputes with the boundary of land will be over after you arrive at the actual position by measuring and earmarking the areas of pieces of land owned by the individuals,
4. Get an Amin to measure the area as per law to understand the ground reality without asumption and further act accordingly.