You can execute gift deed in favour of your younger son
2) gift deed should be duly stamped and registered
3) in alternative execute will bequeathing house to your younger son
4) will should be attested by 2 witnesses
I dont want to give my only self acquired property to widow wife of my elder son
I am 83 years old, I have three son from which the elder one died and left behind a registered will in which he said that he has already given everything to his wife and his three children. Now the widow wife of my elder son is left with two daughters and a son. i took care of them as there father left the world when they were too young. so i helped them to complete there studies. i funded the marriages of my both grand daughters and sent the grand son to abroad for higher studies. I am only left with my self acquired house, this house is only owned by me from the starting in which i am living with my other son and his wife and there children. I did everything for my elder son's widow wife and now i want to give this house to my other younger son. I already won my case in lower court and the court gave the order to her to evict the house. Now she filled a writ in Punjab and Haryana high court against that orders. Now its been 1 year and i still don't want to give this house to elder son's widow wife or his children.
Asked 5 years ago in Property Law
Religion: Hindu
27 Answers
is there any way to resolve this other then selling this house?
Asked 5 years ago
You can execute gift deed or will
Dear Sir,
Selling the house is not a solution. However there is provision for maintenance of widowed daughter in law by father in law but in the present circumstance and after having sufficient properties from your deceased son, she is not authorised for any thing. You are suggested to defend the writ strongly in the High Court and then she will not be able to claim anything.
1. It is your self acquired property, so you can transfer/bequeath it to anyone during your lifetime. There are no fetters on your right as title holder of the property to give it to anyone you desire. The right of an owner to discriminate between his heirs at the time of dividing/bequeathing his property is indefeasible. He can give a lion's share to one heir and peanuts or even nothing to others. You are under no obligation to divide equally.
2. If she has filed a writ in Punjab and Haryana High Court to assail the judgment and decree passed by the courts below then engage a good lawyer and contest it fittingly.
Respected sir...
If she has moved against the order of lower court then sir you have to wait for the the judgement of High court....after wining in High court you have to file an execution petition where you will have to get possession as per court order ...you also can sell the house when you get judgement from the High court...
Thank you
This is your self acquired property and no one have any kind of right over it in your presence.
Writ in HC can only waste your time ,nothing more than that.
If there is not any kind of stay on it than you can transfer the property to the one to whom you want to give it.
If there is no stay order restraining transaction of the property, you can dispose of the property as per your wish that is, either by will or gift deed or any settlement deed. You are the absolute owner of the property and you do not need to take consent from others.
1. The suit for eviction against your daughter in law has no nexus with the transfer of the house to others.
2. Even during the pendency of the appeal you can make a Will or even registered gift deed in favour of person of your choice.
3. If ths house gas enough space you can consider to let your DIL to stay till she dies. This doesn't make her vk owner of the house.
You can give it to your other son. Her writ is not maintainable. It's your self acquired property and she can't claim it in any manner as matter of right
This being your self acquired property you have full rights to transfer the same to anyone of your choice and by any mode of transfer.
You can execute a registered settlement deed in favor of your other son immediately with a condition for lifetime interest vested on you in the property which you intend to transfer on his name so that you can enjoy the property till your lifetime and the same can be acquired by your son after that.
Yes, you can execute a conditional registered settlement deed as suggested in my previous post.
You can contact a deed writer in the local and proceed with the suggested measure.
Dear Querist
execute a Will or gift deed in favor of your other son, in both the scenario, the property will transfer to your other son, in case of Will after your death and in case of a gift, immediately.
I think you win the case for eviction. as this is your self-acquired property hence you have all right to use or enjoy or sell or transfer the property as per your choice and nobody has the right to stop you.
you may transfer the property even during the legal proceedings, as she can not claim any right over the property.
Feel Free to Call
1. While being still alive, you are entitled to execute a registered Gift Deed to WHOSOEVER you wish. Such Gift Deed becomes irrevocable PROVIDED the house was self-acquired by you and is not an ancestral property.
2. Further under the Senior Citizen laws, the children do not have any inherent legal right to stay in the parents house, as upheld by several existing judgments of HC /SC. Hence by virtue of this the P&H HC will not be able to give relief to the litigant in the matter.
Hello,
- You do not have to give your self acquired house to the widow of your elder son. In fact you can give it to any one of your choice. You may either make a Will and get it registered or make a Gift Deed in favour of whom you want to give it to during your life time, so that the disputes can be ruled out.
- Let the case happen , in the High Court. Engage your lawyer to reply to the Writ petition.
Hello,
- There is no need to sell the house for a resolution. Get the Writ petition expedited and seek execution of the court order for eviction.
- You can take advantage of being a senior citizen wanting to stake claim of his own residence.
nothing stops you from transferring the house to the name of your younger son
you are the owner of the house and can do whatever you wish with it
the elder son's widow only has a right of residence
once the house is transferred to your younger son, she will lose that right of residence as the brother in law is not obligated for the residence of his widowed sister in law
1. Title of the house is not disputed you are absolute owner and you can make a registered will in favor of younger son or to any person you want to give the property.
Once there is registered will in case of your demise said person shall have right on the property based on the will.
Also if there is no stay you can make a registered gift deed in your life.
See it's self acquired property she has no.right share so she cannot claim ownership rights.
NO need to sell the property, you can gift the property or Execute WILL.
The court may have let her stay in the house but that is a self acquired property and nobody can have any interest in that. You should make a will and give tge property to your younger son. Engage a lawyer make a will register it. Don't tell anyone. Let her stay till the case is going on. Meanwhile file an application for expeditious hearing of the case under the senior citizens category.
Don't sell the house. Make a will and give it to your son. Don't tell anybody. God forbid if anything happens to you she won't be able to do anything.
- As per law, if the property is a self acquired i.e earned from his own fund , then no body has right over the same during the life time of father, and he is free to transfer the same to anyone as per wish .
- Hence, legally you can transfer the said self acquired property to your younger son.
- If , the said left WILL was for this property , then that WILL have no legal value in the eye of law, even your elder son had manipulated the same during his life time.
- Since you already got eviction order in your favour , and if there is no stay order on the said property from the High court , then you are free to transfer your property to your younger son by way of WILL or gift deed.
- Hence transfer the said property to him by way of registered Gift deed, and dont worry for the consequence of Writ petition , because the Writ petition is also not maintainable as will.
Was there a stay order issued against the sale of property issued by the court? if not.
you can Execute gift deed Or registered will in favour of your younger son .
If a stay order was issued then contempt proceedings can be initiated against the seller.
Dear sir,
saddened to hear after what you did for them, still you are suffering through this.
Yes, there is a way sir. You have got the order from the lower court and even if they have filed the writ and punjab and haryana court. They cant claim the property as a matter of their right, unless you wish to transfer the property.
You want to transfer the property in your youngest son name. you can very well do so.
I would like to defend your case in the High court as your case can be made powerful because of the landmark judgments i have to win your case.
You can contact me consultation or on linkedin.
https://www.linkedin.com/in/yuganshu-sharma-655091183/
Regards,
Yuganshu sharma
ADVOCATE
1. If there is no stay on you in dealing with your house, you can register a gift deed or a will infavour of your younger son.
2. She has filed an appeal challenging the order of the lower court and her appeal does not have much legal leg to stand.
3. It is your property an you can deal with it in any way you wish to.
1. You can write a will in favour of your younge son giving rights of your seld acquired house to him.
2. She cannot force you to give share in your self acquired property so no need to worry about appeal in High court if there is no stay then you can also gift the property to your son through gift deed
