1. Mother can make a registered will in your favor , she can draft a will and same can be registered with sub-registrar office . Will shall be applicable after the demise of mother.
Will creation for Disowning troublesome child
My father has passed away and in his legal heir my mother- 56,myself(daughter)-30,my brother-33 and my father's mother- 86 are recorded as legal heirs. My brother is creating havoc in my mother's life and everyday fighting and screaming with her.Day by day she is loosing her peace of mind and also having a fear that my brother can attempt to kill her in a fit of rage . My brother has always been troublesome to us after my father passed away and never supported financially. he is into alcohol and weeds.My mother is now turning old and our only source of income is my job .He stays in Delhi and due to this pandemic he has lost his jib and my mom doesn't want him to come and reside at our house as they will constantly fight. My mother wants to write off all the properties that she inherits to me .She wants to prepare a will that I will inherit everything that she has in possession . What can we do legally?? we want to cut him out in all shape and forms from our life without his knowledge.
Asked 4 years ago in Property Law
Religion: Hindu
20 Answers
1. Assuming that your father died intestate (without executing a WILL), then the share in the property devolves equally to your paternal grandmother, your mother, you and your brother, i.e., 1/4th share to each one of you.
2. Your mother can bequeath her share (1/4th) in the property to you by executing a WILL or your mother can relinquish her share in the property in your favour by executing a registered Release Deed. In this way you can become 1/2 co-owner of the property, alongwith with your brother and paternal grandmother.
3. If your brother and your paternal grandmother can execute a registered Release Deed relinquishing their share in the property in your favour, then you can become Absolute Owner of the property.
After the death of your father all legal heirs have acquire right over his properties by way succession. In such stage your mother can execute a will or gift deed in favour of you upon her share in the property along with other self acquired property. If your brother made much problems in life or created threat on life file police complaint against him.
1. On death of your father all of you have inherited undivided equal 1/4th share.
2. Now any four of you including your mother can transfer her respective share during her lifetime by means of gift deed or after death bh Will.
3. Another option is to file a suit for partition in the civil court and your respective shares gets demarcated by the decree of court.
Mother can execute will bequeathing her one fourth share in property to whom so ever she pleases
2) will should be attested by 2 witnesses
All the properties that your mother owns/have been inherited by your mother post the demise of your father, she is free to pass on to you, through a will or a Release deed. It will have to been as to whether this house where she currently resides is in whose name, if was in the name of your father, your brother will have a stake in it and hence can’t be dispossessed.
- As per law, if your father died intestate ie. without leaving an WILL , then his self acquired property will be distributed among all his legal heirs.
- It means your said brother is also having right over property left by your father equally.
- Further , your mother can transfer her share in your favour by way of WILL , and other legal heirs can also do the same, but you cannot forfeit the share of your said brothers .
- For transferring respective shares , all the legal heirs can jointly execute a registered Release deed/relinquishment deed in your favour.
- Since, his behavior is not favorable towards mother and other family members, then they can disown him from their life and properties forever.
Look, on father intestate demise, his assets inheirted by 1/4th share each. Your mother can execute gift deed to transfer her 1/4th to you in her life time or through Will after her death. And movable assets she can give by merely give and take.
Grand mother 1/4th she can give to anyone. And asgsnit.
He has right to reside in the house inherited from father, but agaisnt any nuisance and assault, your mother can instantly call on hundered for immediate assistance.
If he repeats, police will arrest him. Also your mother can submit complain to police of apprehend danger to her life for property by son.
Will or gift deed both can execute without his knowledge.
1. Your mother can write a will bequeathing all her movable and immovable properties which she has inheroted and also self acquired in your favour and register the same.
2. You won't have to inform your brother about the said will.
3. However, your said brother has right on his share of the property left by your deceased father.
4. So, your mother and you can seek partition of the properties left by your deceased father by metes and bounds to totally keep your brother from being in contact with you.
She can disown her by legal procedure and by filing news paper publication she can gift all her property to you by will or gift deed as she wants.
The properties left behind by your deceased father shall devolve equally on all his legal heirs, your brother is one of the legal heirs.
Your mother is one of the legal heirs.
Hence she can transfer only her legitimate share in the property to your name and not the entire property.
Your grandmother and you also have a legitimate share in the property besides your brother.
If your mother wish to live with you she can very well do so, but this property since it belongs to all others, she may file a partition suit and get her hare in the property registered through court on her name after which she can transfer the same to your name either by a testamentary disposition or by a registered settlement deed.
If at all your brother is troubling or torturing her then she can seek relief and remedy through a police complaint against him.
She can seek protection from him through police by a complaint.
1. your mother can get executed a WILL in your favour in relation to her property,
2. the WILL should be well-drafted, registered and witnessed by two witnesses to avoid any legal complications after her demise
Ask her to execute a gift deed in your favour.
Regards
Madam,
Let her mother prepare an affidavit and give newspaper publication regarding disowning of the brother from all movable and immovable properties. Thereafter gazette publication may The she may file a suit for his eviction. Further she may write a WILL regarding the properties to you and specifically mentioning ill treatment and fact of disowning brother. Regarding the present properties, she may write gift deed also which will make you the owner of properties with immediate effect.
1. IF Father had duly executed his WILL, THEN irrespective of any criteria, the will clauses will have to be enforced.
2. IF Father did not execute any WILL, THEN "ALL" Legal Heirs (as you mentioned) are entitled to EQUAL share in Father's property.
3. Strategically, Mother may just simply execute a registered irrevocable "Gift Deed", in your favor for all the properties. Mother executing a WILL is not a solution, since WILL can be changed any time.
4. This Gift Deed can be challenged only in a Civil Court, by brother, which may take more than 10 years.
Simply disown him from the family and everything.
Yes your mother can make the Will in your favor
1. On the demise of your father his properties devolved through intestate succession on his mother, widow and allc children equally.
2. Your mother has only 1/4th share in the properties of her deceased husband, which she is free to transfer/bequeath to you during her lifetime, but she cannot alienate anything beyond her 1/4th share.
Hello,
- If your father died without a Will, as you mentioned in your query, all four of you legal heirs will have equal entitlement to the properties left behind by him. Your mother can make a Will and give away only what is in her share of the properties inherited and what she owns as her own if any.
- As for not allowing him to stay in the house, your mother can file a complaint with the local police, seeking protection from the troublesome son. She can also get a prohibitory order from court to prevent him from entering the house.
- As for his share in his father's property, there is an entitlement for him and it is not advisable to take any steps without bringing them to his notice through appropriate legal channels.
- As per the information mentioned in the present query, makes it clear that you wish to secure your mother remaining life in peace from your brother.
- I would like to apprise you that she can very well execute a gift deed rather than will as will gets operated after her demise, but want to inform you one more thing that she can only gift or will that property to you which she has from herself not from your father after his demise.
- As in those properties, in the absence of any will from your father, your brother also has a right and even if you execute gift or will then also he can challenge and set aside the same from the court of law.
- But, yes, she can put a bar to his presence in her house through court or police if she has any apprehension of getting hurt or killed by him.
Each one of you will get equal share in the property left by your father i.e., 1/4th share each.
As far as the properties inherited by you mother she can deal with it as she likes and can Will the same to you.
Your Grand Mother can deal with her share as she likes and Gift it to you by paying stamp duty and registering.
Further your Grand Mother can bequeath her share by way of Will to any one of her choice i.e., she can give it to you also.