• I dont want to give my only self acquired property to widow wife of my elder son.

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 and court passed a order in which its written that "LET HER STAY UNTILL NEXT HEARING AND NO THIRD PARTY SHOULD BE INVOLVED IN THIS" and it's been more then 4 hearings in 1 year.
she is harrasing us everyday and force me to share my property and i am getting mentally tortured by her.
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 months ago in Property Law
Religion: Hindu

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21 Answers

You have to wait for disposal of writ petition as court has granted stay of her eviction until further hearing of the petition 

 

2) you can execute will bequeathing property to your other son 

 

3) register the will 

 

4) will should be attested by 2 witnesses 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

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 he harasses you there is option of lodging complaint against her.

4. if there is decree of eviction passed in your favour then file a execution case to implement the decree.

5. i am not sure why and how the writ petition is filed because if there is decree of court then only can be preferred.

Come out clear with facts..

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

Hello,

  1. On the next hearing your lawyer must bring it to the notice of the High Court that it had directed in the first hearing, "LET HER STAY UNTIL NEXT HEARING AND NO THIRD PARTY SHOULD BE INVOLVED IN THIS"  and that she still continues to stay there and you want to move in to your house.
  2. It was not your legal obligation to have taken care of your grandchildren and your elder son's widow, however you have discharged your moral obligation and have every right to do whatever you wish with your property. Let the court know of the mental torture on her part.

S J Mathew
Advocate, Mumbai
3033 Answers
110 Consultations

5.0 on 5.0

Hello Sir,
When the property is being a self acquired property you have an absolute right on it  and can settle the same in favour of any one as per your wishes. For example, Your legal heir also cannot raise any objection if you settle your property in favour of any third party. 

Therefore, you can execute a settlement deed/Gift deed in favour of your son, with whom you are living presently, by which nobody can object the same.

The case pending before the HC is may be not to evict her from her martial home by an illegal force .(if you give exact ground of appeal , I can give exact opinion). Anyway, that case will not bind you to execute a settlement /gift deed in favour of your son.

If you settle the property by way of a settlement/gift deed , your son’s position will be in a safer zone. In case, if you have not settle the property in favour of your son by way of deed or WILL , after your lifetime your elder son’s wife and children will get 1/2 share in the properties left by you. 

Selva Perumal
Advocate, Chennai
314 Answers
36 Consultations

4.9 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
111 Consultations

5.0 on 5.0

Daughter in law has no right to stay in in laws house. You can execute WILL in favor of you younger son. No bar from executing WILL, neither court order is prohibiting your right to execute WILL.

Let the court resume it1s normal court and cases get to start listed, than press court to vacate the order or dispose her writ finally.

This is confirm that she will have to vacate the property.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

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, there is no legal infirmity in it.

If the court has given her time to remain in that house till next hearing, you may have to wait for the next hearing and then file your objection to her petition before high court to evict her at the earliest possible.

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

No one can force you to give away your self acquired property. 

For harassment against your daughter-in- law ,you may lodge a criminal complaint with police.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Dear Querist

as per the order of the High court now you cannot transfer the property to any other person till the final judgment of the High Court. but if the High Court did not extend the interim order as mentioned by you then you may transfer the property as per your choice because the high court passed the order only till the next date of hearing.

 

 

Nadeem Qureshi
Advocate, New Delhi
5767 Answers
271 Consultations

4.9 on 5.0

Hi, the judgment shall be in your favour..The law is very clear ..She cannot claim any ownership or residence rights in the self-acquired property of in-laws 

Hemant Chaudhary
Advocate, Gurgaon
4595 Answers
41 Consultations

4.9 on 5.0

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.

Hemant Agarwal
Advocate, Mumbai
5441 Answers
25 Consultations

5.0 on 5.0

File a police complaint against her for harassing you. 

To create pressure. 

Let the writ in HC finally be decided,  it might be in your favor. 

Further steps can be taken after that

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

Going by contents of your post, it is clear that, your elder son had taken care of his wife and children, and that, you also took care of their children during their need, as such, you had complied your moral obligations.

Since the property is your self acquired property, you can deal with it as you wish.

You have two options (1) You can Gift the property to your son or  (2) You can bequeath the property to you younger son by way of Will.

NOTE:

- Best option is to execute the Gift Deed in favor of your younger son by paying stamp duty and registering it.

- Will can be avoided.

 

S Srinivasa Prasad
Advocate, Hyderabad
2862 Answers
9 Consultations

5.0 on 5.0

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.

 

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

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.

3. Since the HC has passed an interim order in her favour you have to wait for the regular functioning of the High Court to resume after lockdown and then try to get the matter listed in the court for final disposal.

Ashish Davessar
Advocate, Jaipur
29956 Answers
864 Consultations

5.0 on 5.0

You don't have to give it. It's a self acquired property you can provide it to anybody. Her writ will not be maintainable

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

Was there a stay order issued against the sale of property issued by the court?
If a stay order was issued then contempt proceedings can be initiated against the seller. 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

Dear Client, this is to inform you that:

  • Self-Acquired property is any property which is earned by a person 's own income. in these kinds of properties, the person has full right to dispose of, as he wants. So, in such cases, if a person dies intestate then in such case his property will be disposed of as per law. But if the deceased has made any kind of will, then in such case property will be disposed of as per the directions of the will.

  • That, the elder son’s widow wife does not have any right in the Father – in-law’s self-acquired property. Had it been an Ancestral property then she would have the entitled to get the share as that of her husband.
  • I would suggest you to make a will/Gift deed in favour of the person to whom you want to transfer the house and get that registered so that, in future it cannot be challenged in any court.
  • Once you have made the will/gift deed, there stand no case for her in High Court as well.
  • However, it would be better if one can see the file contested by you in the lower court and the copy of final order passed thereto so that one can guide on a much better note. 

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested not to worry mentally and you may file the police complaints as well for the harassment done by her towards you and also mention that she threats of false cases and fix you so that you may be forced to share the property with her. Also, present this copy of complaint in the High Court.  

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

 - 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.  

- The said order passed by the High court , LET HER STAY UNTILL NEXT HEARING AND NO THIRD PARTY SHOULD BE INVOLVED IN THIS". It means that till the next date of hearing ,she is having her right to stay ,and you cannot transfer the said property to anyone including your younger son , till the next date of hearing. 

- You should submit a details reply after narrating all the details and threatening you are facing from her in the High court with the support of a good lawyer. 

- She cannot get any share in the property legally,

- You should also lodge your complaint before the higher official of police under the provision of Senior citizen Act , and a complaint against her for breach of trust and cheating you , on the ground of false & frivolous WILL . Further , as i mentioned above , transfer the property in the name of your younger son by way of registered Gift deed , as your ownership is not under challenge , only possession is disputed .

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

1. You should cannot gift the property to younger son due to stay from high court. 

2. You should write a will in favour of your younger son mentioning that no share should be given to widow of elder son or her children from this house. 

 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

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