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Property Belongs To Whom?

Discussion in 'Relationship With In-Laws' started by SeekingMind, Sep 26, 2016.

  1. sweetsmiley

    sweetsmiley Platinum IL'ite

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    And i highly doubt that daughter doesn't want to leave mother on her own.. so mother may give all rights to her son... so daughter wants to keep a tab... who knows....
     
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  2. SeekingMind

    SeekingMind Silver IL'ite

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    Here it is highly unlikely that the son paid the dowries because my FIL's brother retired as officer in govt.sector but anyway will check with FIL if he knows anything.
     
  3. justanothergirl

    justanothergirl IL Hall of Fame

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    Seeking Mind
    Here is what I feel is the most empathetic solution considering a old woman. Let her not be moved out. The daughter if she wants can move in remodel and stay as long as the mother is alive and after her mothers death understand that the property will be sold.
    At that time both the top and bottom of the building can be evaluated for their market price and the son and daughter can be compensated for it using the sale proceeds.
    Ask the daughter to record all the medical expenses incurred .
    That will also come out of the property sale.

    Long term health care of senior citizens is expensive and mentally and physically exhausting. It lasts years and decades sometimes. I know because I have and am going through it.
    I have no sympathy for children who handwave it away and chalk it down as "oh u are near by or u are the son so u have to do it". Its the responsibility of all the kids . If u cannot contribute to it physically contribute in other ways to ease the burden of the sibling shouldering it.
     
    Last edited: Sep 27, 2016
  4. SeekingMind

    SeekingMind Silver IL'ite

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    So far I have not read a single post pointing out the son's irresponsibility towards the father when he was sick and now about mother after father's death. So the son can get away just because he is living elsewhere and daughter shoulder all the responsibility just because she is geographically located in the same place? And then finally denied her share in father's property?
     
  5. dnormx01

    dnormx01 Gold IL'ite

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    Well in this scenario, when her intention is only and only to take care of her mother while not compromising on her family's comfort, she need not ask for a share now. She can buy or rent close to her mother's and take care of her too.

    When the word remodeling crops up, interpretations change. The next question that anyone will ask is, are you shifting for good? Coz otherwise no one will spend so much for temporary stay.

    At one point the son says he wants to live here and builds the house, today you say he doesn't want to come back. Who has seen tomorrow? When someone has constructed something to their choice, without their consent remodeling it even at our own cost is not correct.

    If it's about taking care of the mom, speak about it separately. Tell him firmly to own up, take responsibility, financially, physically, whatever is deemed required from him.
    This should be clearly separated from property division.
     
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  6. sweetsmiley

    sweetsmiley Platinum IL'ite

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    You never posted even a single reply to acknowledge son's Share? Why is that?
     
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  7. dnormx01

    dnormx01 Gold IL'ite

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    No one is saying she's going to be denied her share of the property. She can fully ask for and take her share. Nobody can deny her. But she's whether planned or otherwise doing just what the son is trying to do - owning the whole house , which is wrong. And doing it under the pretext of taking care of the old lady doesn't sound great.
     
  8. Rihana

    Rihana Moderator Staff Member IL Hall of Fame

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    We don't know what responsibility son took care of. You just said you are not yet sure about the dowries.

    Did son send money from abroad for living expenses. Why son's money was used to build the house? Because son wanted to invest or because father could not independently have afforded it? Did parents live in house built by son on plot bought by them for many years? Did son send money for big ticket items over the years like hospitalization, a/c installation, vehicle etc etc.

    Going forward, does the old lady have enough money for her medical expenses? If big amount of money is needed for surgery or hospitalization, where will it come from? Son?

    Ideally, the son living abroad could write off the whole damn thing as a lesson learnt in life - never invest in joint property. He could do this as a charity. He could consider the peace it will bring his mother as worth it. But, he is also human........

    Can they not talk to a lawyer who knows the rules, or a professional mediator kind of person?
     
  9. coolgal123

    coolgal123 Platinum IL'ite

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    yes, in this condition mother can not live alone....but here mother has to understand that her son is not coming back so she has to stay at daughter's place only.....i wonder what her son replies to her about him coming back....
    i understand when you say that lady is afraid to ask the son to allow daughter to have a share.....
    but still she has to do it....it is she who has to understand that her son is not gonna come back so its her daughter who is gonna take care of her....
    she doesnt need to go into legalities but she has to be that strong that she can say to her son , either come back and live with me or let her daughter stay into the house with her and if she cant do that than she should learn to adjust in her daughter's home...there is no other solution of it as even if sister brother will go to court in that case also high chances are that the house will be sold off and then shares will be taken....then again she will end up either in daughter's home or in the apt. bought by son.
    if her mother stays with her , still your SIL wants a share or in case of movement to house she wants name in the property??
     
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  10. coolgal123

    coolgal123 Platinum IL'ite

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    Completely agree with you...i even sense that brother wants the whole house because he put money into construction, he saying it clearly as he is the son and as par soceity he has the rights, while daughter also want the whole house because she thinks that she has taken care of parents but going for it indirectly as soceity doesnt support this....
     
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