• Maintenance right to mother

Namaste sir, 
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 latha.radhadevi@gmail.com
Asked 1 year ago in Property Law from Pune, Maharashtra
Religion: Hindu
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 

Ajay Sethi
Advocate, Mumbai
23125 Answers
1214 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23125 Answers
1214 Consultations
5.0 on 5.0
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 
Ajay Sethi
Advocate, Mumbai
23125 Answers
1214 Consultations
5.0 on 5.0
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.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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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.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
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. 
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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