Home > Money > Question
Need Expert Advice?Our Gurus Can Help

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

Ramalingam

Ramalingam Kalirajan  |7281 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.
Money

You may like to see similar questions and answers below

Anu

Anu Krishna  |1403 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on Jan 12, 2024

Asked by Anonymous - Jan 08, 2024Hindi
Listen
Relationship
Hi, my only son aged 27yrs is in relationship with a girl aged 22yrs and she kept him as guarantor in her home loan of 20 lacs and took personal loan of 5 lacs from my son (which he took from NBFC and gave it to her). This all done without informing any of us in our family. She is from other state and she donot have any family members except her single mom. We have undivided family with conservative mind set. Our family members are not willing to accept her in the family as she is taking undue advantage from my son and feels untrustworthy....We have clarified to my son that in such a scenario you have to choose her or us leaving behind everything including the ancestral property. His girlfriend is not accepting him this and told him that she will accept him only if our family members accepts her. This has chaos in our calm and cool nature of our home as our son is throwing the tantrums everyday and disturbing the mental peace of every member of our family. Please advice us what can be done in this scenario as none of our family members are willing to accept her and also not wanting to part away my only son. Thanking you
Ans: Dear Anonymous,
Either your family sees her as someone who wants family approval and be happy with it OR you can doubt her as someone who has managed to cheat your son.
Which of it is true, only time will tell...Your son is blinded by love...how can you appeal to him? What can you say that will make him realize that he possibly can be cheated?
One way is to invite her to your home and ask her to come out clean about these money dealings and why your son chose to keep this information away from his family...If you are all convinced about her honesty, it will be easier to accept her into the family; otherwise there is a possibility that your son maybe able to see through her lies...
So, whether she is the right person for your son or not will be better known when you warmly invite her over and without any judgements give her a chance...making sense?

All the best!

..Read more

Kanchan

Kanchan Rai  |442 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on Jul 23, 2024

Asked by Anonymous - Jul 23, 2024Hindi
Listen
Relationship
Hi, I have given my 2bhk family to my mother in law and brother in law. Over past few years they pay less rent 40% of market value rent. from oct 2023 brother in law lost job and he also has housing emi for 21L+ 3L personal loan. He is also not giving any rent also because of the.current situation. Now he is resorting to emotional black mail and citing senior citizen act stating daughter is liable to pay for living expenses. Already the current house they are staying can get 18K rent.We tried to arrange interview for his job but looks like he is not interested and he seems to be pshyco logical disturbed and talking all non sense. My mother in law is playing neutral role and saying yes to both side without taking a correct stand. My brother in-law is two divorce with history of drinking and physiological mental problems as stated by their ex-spouse.My ask 1. What are legal options available for me. 2. We want him to vacate our house and move to his own house or 1 bhk so that we can help with money from my 2bhk rent. 3. If nothing works can we make a first move of filing police compliant which I want as a last resort.
Ans: Firstly, seeking legal advice is crucial. A lawyer who specializes in property and family law can provide you with specific guidance based on your situation. They can review any rental agreements and help you understand the implications of the Senior Citizens Act that your brother-in-law is citing. This legal counsel will be invaluable in navigating the complexities of your situation.

Next, you might need to issue a formal notice to your brother-in-law and mother-in-law, requesting them to vacate the property. This notice should clearly articulate the reasons for your request, including the financial burden their reduced rent and non-payment are causing you. Provide them with a reasonable timeframe to find alternative accommodation, whether in his own house or a more affordable 1BHK apartment. This approach shows your willingness to support them while also addressing your legitimate concerns.

It's also important to communicate directly and openly with your mother-in-law. Her neutral stance may be contributing to the tension, and having a candid conversation about the situation's impact on your family could help her understand the need for a resolution. Explain the financial strain and the efforts you’ve made to assist your brother-in-law in finding employment. Her support could be pivotal in encouraging him to take more responsibility and action.

If these steps do not lead to a satisfactory resolution, you may have to consider involving the authorities. Filing a police complaint should be a last resort, but it is an option if your brother-in-law’s behavior becomes unmanageable or if he refuses to vacate the property despite all reasonable efforts. The aim here is to protect your family’s financial and emotional well-being while ensuring that your legal rights are upheld.

Throughout this process, it's essential to prioritize your mental health and well-being. Dealing with family conflicts can be emotionally draining, and seeking support from friends, a counselor, or a support group can provide you with the strength and perspective needed to handle these challenges effectively.

By taking these steps, you aim to find a balance between supporting your in-laws and protecting your own family’s interests. Remember, it’s important to act with compassion but also with a clear understanding of your rights and the need for fairness in this situation.

..Read more

Anu

Anu Krishna  |1403 Answers  |Ask -

Relationships Expert, Mind Coach - Answered on Nov 21, 2024

Asked by Anonymous - Nov 18, 2024Hindi
Listen
Relationship
Hi , I am married 2.5 years ago to a man , who is very less in education compared to me , this marriage was done as a compromise or in worries about my future as my parents are no more .. He and his family is average in all case ..cleanliness, hygeiene , social relations, religious practices , education , self respect , financial well being ... all these things are either meaningless for them or they vary poor in those . Nor even they have moral values , as they have cheated me by hiding my husband's age to me . I told them that we strongly believe in astrology and will not go without it . Still they gave me wrong information about his age and he is very elder to me .As I am well educated , employed and self dependant. So they somehow trapped me for marriage. After 3-4 months of marriage my husband was diagnosed (a type of oral cancer) caused due to consuming gutkha and ciggarettes. He lied and denied to have any disease still i started his medication . In some time I lost my job also still continued his treatment , tried to help him in his business , it made a big impact on my sqving too :( But because of his careless business practice , it didnt work for him. Also I paid many times his car's EMI . And supported in all types of expenses be it house hold , his medication or business . He has parental properties in village but they are hardly using it for their own use and wanted to use my money till now . As I now denied to give more money , now they have started looking to sell or rent / lease their property for their use . I have spent lot of money on them , I hardly believe they will try to pay it out fully to me or give some part of property for my safe future now :( I am now 43 and have no children . At other hand my brother is also alone( even being his wife and 2 sons) Wife is quarrelsome and has a history of false case of dowry on my brother and due to this my brother and my family sufferered a lot , its been 20 years now . But this has tortured my brother me and my mother a lot in past .Sis-in-law never let my nephews to stay or sit for some time with us (me or my mother ). And now as my both nephews have grown up my sis-in-law told them lie as if she was victim and , we were the culprit . Children were innocent , they didnt knew the fact , hence taking mother's side now. I thought that as my sis-in-law doesn't like us so unwillingly I decided to marry with a compromise , thinking that after my marriage all will be fine in brother's home , But nothing improved. And now my brother , after my marriage is emotionally alone at home , I feel very sorry about this . I want to go back and take care of my brother , as now he is 53 and emotionally very weak , diabetic and suffering other disease too . Sis-in-law is least interested in his health , care .. so as her children. Going back to parental (it is my father's home, so i also have legal right on that property )home and leaving husband is not so easy, .. Elder Nephew and sis-in-law can become very violent as they are always . I dont want to endanger my brother's health and if I dont go then also .. brother is taking care of him alone ..that too very casually ..how can i make all things correct . Please suggest .
Ans: Dear Anonymous,
Hello! Excuse me...
Take care of yourself first before trying to save someone else.
Your brother is a grown man and knows what is to be done. Allow him to process his life's situations. By stepping into it especially in your state of mind will make things worse. Also, if you want guidance on this, kindly post another question else it will get confusing for all of us here.

First think of what you must do to make things better for yourself. Ask yourself whether you are interested in continuing the marriage. A lot of your time, money and energy has been invested in it and based on a lie. You have no clue what else they have lied about...do you want a marriage that is standing on a bed of lies? is it possible for you to trust your husband and his family all over again? What can they do so that you place trust in them again?

If this is not possible, the you are in a place where you need to make decisions about your marriage and your life in general.

All the best!
Anu Krishna
Mind Coach|NLP Trainer|Author
Drop in: www.unfear.io
Reach me: Facebook: anukrish07/ AND LinkedIn: anukrishna-joyofserving/

..Read more

Latest Questions
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.

Close  

You haven't logged in yet. To ask a question, Please Log in below
Login

A verification OTP will be sent to this
Mobile Number / Email

Enter OTP
A 6 digit code has been sent to

Resend OTP in120seconds

Dear User, You have not registered yet. Please register by filling the fields below to get expert answers from our Gurus
Sign up

By signing up, you agree to our
Terms & Conditions and Privacy Policy

Already have an account?

Enter OTP
A 6 digit code has been sent to Mobile

Resend OTP in120seconds

x