My mom had a house & shop building in her name. She has two daughters only, which is me and my sister. My sister's husband threatened my dad and mom , asking to register a settlement deed that he typed or he will not live with my sister. The deed said that the entire building goes to my sister and their only son equally. (he is a minor now 10yrs), no other person has any rights on it. Without knowing the fact that settlement deed will transfer the asset immediately, my mom signed it. My dad was running business in that shop and they were living in one portion of the house.
After this settlement, my brother in law took the house, shop, go-down. And made my dad and mom to live in asbestos pent house. My dad did not have any other income/property. So I was sending them money as I was working. After I got my second baby I could not work. After which my dad and mom refused to get money from me as it is from my husbands salary. So my dad and mom are living a hard life, by renting a shop, paying that rent and doing some small rice business. my mom also have to go to shop inspite of her health issues Diabetes, BP, joint pain. She couldnt walk without knee brace.
They are not coming to my house also saying how many can eat in one persons salary. I cannot tolerate this. Recently we came to know that the property got transferred on that day itself and we were shocked as we thought until my mom is present this house belongs to her and then only it moves to my sister.
My sister is not mentally strong person, my brother-in-law can easily get the property from her later and leave her.
1. what should we do to prove that mom and dad was threatened? and also that they do not know about a settlement deed that it is not a will?
2.Will any senior citizen law work in this case?
I want the property to go to my mom/dad back, or atleast to add a condition saying that nobody can get the property from my sister , until her son attains 30yrs.
Please advice me some way.
Asked 8 years ago in Property Law
Religion: Hindu
The deed was duly stamped and registered. The deed did not reserver any right for my mom to revoke or do anything with that property in future. It was unconditional deed. It just says Im giving that entire building to my daughter(my sister name) and her son, they have all rights on it equally. no one has any rights. that's it.
Asked 8 years ago
The above mentioned property was bought by my dad on my mom's name. My mom did not work, nor did she had any property/money from her parents. She is ready to accept this and that the property was bought and built in my dad's earning. So now, can my Dad put a case, saying that he has rights on the property and my mom cannot give it away without his permission and so the settlement deed is invalid?
Asked 8 years ago