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Mother Left Homeless: Can She Claim Back Her Property and Seek Maintenance?

Ramalingam

Ramalingam Kalirajan  |6977 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Jul 19, 2024

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more
Asked by Anonymous - Jul 19, 2024Hindi
Money

Hi, sorry it's a very long post My mother is 60year old homemaker(nil income) and father is 68yr old retired govt employee (recieving pension).we are 3 children [2 daughters ( all aged between 30-40yr)]to our parents.All of us are married and earning for our livelihood. We sisters are contributing to parents health insurance and other financial things since we started earning and even after marriage ( as my father is an alcoholic too not looking after the household well).Mother has a property in her name given to her by her father as a gift deed. Father had one house and a plot in his name and some ancestral property. Brother went to abroad for studies in 2018 and came back in 2020. He had a girlfriend since his college days( he married to her in 2022, never had objection from anyone of family members ). Since his arrival, he and his girlfriend started involving in all financial matters of my maternal house to the extent he was using my father's debit card for his own use( father says he has given card to brother willfully). Brother wanted to construct a commercial building in my mother's property. He and my father started threatening my mother to register her property ( actually located near Brother's girlfriend house) in name of brother saying if she doesn't agree ,they won't marry off my sister( who got married in 2022 in the presence of grandparents, mother and myself and both my father and brother didn't attend the marriage). They even extracted money from mother's account (which was given now and then to her by me and my sister).During all these process even brother's girlfriend ( wanted a source of income by renting my parents house)also started abusing my mother and involved in all financial matters ( that freedom was given to her by father and brother as my mother was suppressed and we sisters were not aware of things going on). Everything led to the abandonment of my mother who stayed in her friend's place then I brought her to my house. Now after 3 years ( during the course our wellwishers tried counselling and mediation between my father, brother and mother without sisters which didn't work out). my brother got my parents house( and a plot which was in my father's name) registered to his name as a gift deed from my father without informing mother. All the documents of the property gift deeded to my mother by her father is with my brother and father. They are threatening my mother if she enters her own property. Now my mother has no place and income though she had contributed extensively to upliftment of the family all over these years. She ran a grocery store for 15years during which one plot was bought and house was built in that. Another plot was bought after my parents marriage with the help of dowry money given to my father ) but all the properties were registered in my father's name. She has her contribution financially, emotionally and physically. Now doesn't my mother has right to ask back the house and the property given to my brother without her knowledge and to ask for maintenance from my father and also sue all three of them for mental and physical torture..? We sisters want her to lead a peaceful life in her final years of her life.. please guide us.

Ans: Evaluating Your Mother’s Rights

Your mother has been through a lot. Let's explore her legal and financial rights. She deserves to live peacefully in her final years.

Legal Rights Over Property

Your mother owns property gifted by her father. She has full rights over this property. The property can’t be taken without her consent. If your brother and father took documents, this is illegal.

Action Steps for Property

Retrieve Documents: Seek legal help to get back property documents.
Consult a Lawyer: Discuss the possibility of reclaiming the property.
File a Complaint: If threatened, your mother can file a police complaint.
Maintenance from Your Father

Your father has a duty to support your mother. She can claim maintenance from him. This can be done through legal channels.

Action Steps for Maintenance

Seek Legal Advice: A lawyer can help your mother file for maintenance.
Family Court: File a petition in family court for maintenance.
Right to Ancestral Property

Your mother contributed to the family. She can claim a share in ancestral property. The law supports her right to ancestral property.

Action Steps for Ancestral Property

Legal Consultation: Discuss the possibility of claiming ancestral property.
File a Suit: If needed, file a suit for partition of ancestral property.
Mental and Physical Torture

Your mother faced mental and physical torture. This is a serious issue. She can seek legal action against your brother, father, and sister-in-law.

Action Steps for Torture

File a Complaint: Lodge a complaint with the police for harassment.
Protection Orders: Seek protection orders from the court.
Health Insurance and Financial Support

You and your sister have supported your parents. Continue to ensure health insurance coverage. Your mother may need financial support until her rights are restored.

Action Steps for Financial Support

Joint Efforts: Continue supporting your mother financially.
Plan for Future: Set up a fund for your mother’s needs.
Investments for Secure Future

Consider investing in mutual funds for your mother’s secure future. Regular funds with the help of a Certified Financial Planner (CFP) are beneficial. Avoid direct funds due to lack of professional advice.

Benefits of Regular Funds

Professional Management: CFPs manage the funds, ensuring optimal returns.
Less Hassle: No need for your mother to manage investments actively.
Tailored Advice: Investments tailored to her risk profile and needs.
Regular Review of Investments

Regularly review investments with a CFP. Adjust them based on your mother’s needs and market conditions. This ensures her financial security.

Final Insights

Your mother has rights over her property. She can claim maintenance from your father and her share in ancestral property. Legal action can be taken for mental and physical torture. Continue supporting her financially and ensure her health insurance coverage. Invest wisely with professional advice for her secure future.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Ans: I'm sorry to hear about the loss of your brother and the difficult situation you are facing. It's important to handle the situation with sensitivity and compassion, especially for the child involved.

Firstly, it's important to consider the legal aspects of the property transfer and ensure that everything is in order. You may want to consult with a lawyer or legal professional to understand your options and any legal implications of the situation.

In terms of making her leave the house, it's important to approach the situation with empathy and understanding, while also being firm about your boundaries. It may be helpful to have a family meeting to discuss the situation and come up with a plan together. You could suggest alternative housing options for her and the child, or offer to help her find a new place to live.

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It's also important to approach the situation with compassion and empathy for your brother's wife, even if her behavior has been difficult to deal with. Grief can manifest in different ways, and it's possible that she may be struggling with her own emotions and feelings of loss.

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Ans: Dear Anonymous,
Your husband perhaps is someone who is not great at conflict management; he finds it easier to avoid it and avoidance can mean that he hopes that it will go away or that you will stop talking about it or that he can find ways of actually pinning the blame on you for the way that he is feeling.
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Reach me: Facebook: anukrish07/ AND LinkedIn: anukrishna-joyofserving/

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Asked by Anonymous - Sep 01, 2024
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I am a 27 year old female. I am dating a guy for 10+ years, we have become too casual about each other. Its like our relationship has lost the spark after we left college. We are dragging our relationship just because we both arent ready to put efforts in finding new partners. Whenever we meet, we cuddle and sleep and havent had sex since last 2 years. Emotionally we are too close but physical intimacy is kindof lost. Since its time to get married. I am still unsure whether he as of now is the one for lifetime. Should we venture for new partners respectively or are we the one for each other. Please Suggest.
Ans: Dear Anonymous,
If you have to ask "Are we the one for each other?" something must be going really wrong in the relationship. Moreover, you also mentioned dragging it, so reconsidering the relationship can't hurt. There is another option- you can try couple's therapy and get to the bottom of this detachment. It can be time; it happens to many long-term couples. Nothing comes without effort- you will have to work on it every day and explore new things to bring back the spark. If you don't want to let go of this relationship, try these suggestions. But to continue lugging it because this relationship is all too familiar and comfortable now is not the right decision. If it's okay with both of you, take a break and venture out for new partners. See how things pan out. The choice is yours. The only thing that I can confirm is that at this point, you should not rush into getting married and focus on sorting things out first.

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Dr Nagarajan J S K

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Health Science and Pharmaceutical Careers Expert - Answered on Nov 06, 2024

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My daughter has completed BSc in Life Science and Masters in Microbiology in June 2024. She is searching/applyin for jobs in pharma companies but no success Please guide
Ans: Hi Sir,

I am glad to hear that she has completed her MSc in Microbiology. Could you let me know what type of project she worked on during her final year? Additionally, what skills has she acquired during her postgraduate studies? While eligibility might be determined by her percentage, it's important to note that skills play a significant role in the job market.

Did she complete an internship in the pharma industry? Nowadays, many candidates claim to have experience, but often lack competency in their subjects.

One essential aspect is preparing her resume. She should highlight her skills, any internships she has completed, and the projects she worked on during her postgraduate program.

Industries are currently facing various challenges due to human resource issues, making them cautious in selecting candidates for specific roles.

I also recommend that she consider an internship at Biocon for six months. They have an academy focused on biotech-related training, and completing this prograHi Sir,

I am glad to hear that she has completed her MSc in Microbiology. Could you let me know what type of project she worked on during her final year? Additionally, what skills has she acquired during her postgraduate studies? While eligibility might be determined by her percentage, it's important to note that skills play a significant role in the job market.

Did she complete an internship in the pharma industry? Nowadays, many candidates claim to have experience, but often lack competency in their subjects.

One essential aspect is preparing her resume. She should highlight her skills, any internships she has completed, and the projects she worked on during her postgraduate program.

Industries are currently facing various challenges due to human resource issues, making them cautious in selecting candidates for specific roles.

I also recommend that she consider an internship at Biocon for six months. They have an academy focused on biotech-related training, and completing this program successfully may lead to a job at Biocon, depending on her performance.

All the best! m successfully may lead to a job at Biocon, depending on her performance.

All the best!

...Read more

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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