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Property Belongs To Whom?

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

  1. SGBV

    SGBV IL Hall of Fame

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    Ask the mother to meet a lawyer. Her daughter can support the mother to find a good lawyer.
    They can change this property into 4 of their name legally. Then when it comes to selling, all the 4 needs to sign their consent. Else, the property can not be soled legally.

    The mother can rightfully live there. Daughter can visit the mother. But she can't build any extension to the house when there is a court order against it.

    Alternatively, if the daughter is very concern about the mom, she can take her mom with her, or rent an apartment near her house for now.

    When the court order is there, no one can do anything to the house. So, they are not require to physically stay in that house to protect it from the sibling.

    The son in this case also can't force his mom to visit him to the US. The mom can rightfully reject the idea if she doesn't like it.
    She can even file a complaint if the son denies her access to her daughters.
    But the son can't do much if the mom refuses to visit him in the US, citing some reasons like health.

    The most easiest solution to this spider net case is to seek legal remedy via a trusted lawyer.
    Once the case goes to the court, it will become a simple matter.
     
    Thyagarajan, joylokhi and SeekingMind like this.
  2. Elsa

    Elsa Gold IL'ite

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    The Mom can stay put wherever she is. She should not have gone to his son's house in the first place. She has nothing to lose and she can outright reject her son's proposal and catch the next flight to India. Extending a visa or applying for a GC doesnt really mean that she has to stay in the US forcefully. I agree, she might lose her son if she decides to come back, but he doesnt seem like a saint either.
     
    Thyagarajan and KashmirFlower like this.
  3. coolgal123

    coolgal123 Platinum IL'ite

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    its a worst situation for the mother. its like she has to choose either the daughter or son. Nothing can be more disastrous than this after her husband's death. Both daughter and son are getting insensitive and not ready to relinquish their rights for mother's benefit.
    As par me as of now house should be transferred to mother's name, and leave it to her to write her will. whatever is her decision, it should be acceptable to both after her. or may be they both can fight after their mother.
    i am getting a feel that if this house is sold than chance are that nobody will be interested in taking care of mother. Its very important for mother to have this house.
     
    Thyagarajan and KashmirFlower like this.
  4. Meet9

    Meet9 Silver IL'ite

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    I agree, it is so unfortunate, ultimately siblings fight for property etc, and its all a mess once this starts....in this situation however, I am with son. He has spent his entire savings on this house, he cannot let his sisters take over the property.....he should however give equal share of land value to his sisters and mother, and then let his sister family stay once the house is on his name....This is the main reason, I did not let my husband build house on a land owned by my MIL....it was also unnecessary in our case, my in laws have own big home..on their own name...they also wanted me and DH to build another floor on that house, instead of us buying an independent flat which I refused because DH sibling has not spent anything on this house and while claiming the property he will have equal share...so why should we spend our life savings and be a loser...
     
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  5. Meet9

    Meet9 Silver IL'ite

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    Is anyone considering the fact the son spent his entire savings on construction? what if mother gives everything to sisters and nothing to son...his son must also have a family and kids....I again say that the land value at current price should be equally shared...and then the son should have the house give equal money to his sisters and mother..
     
  6. Meet9

    Meet9 Silver IL'ite

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    Well, sorry for my previous posts, I did not know that son is not respecting his Mom's wish to stay in that house..and is asking to rent it out...if the property is worth in crores and he only spent 20 lakhs situation is totally opposite of what I was thinking.....it will be hard to prove how much he spent on his parents, sisters, help them financially etc....I think as someone said here, its tough to comment on someones family..and I take my words back supporting son outright..I think all family members should sit and discuss this property division fairly, I also agree with someone else said that living in US doesn't mean everyone has fat bank balance....my husband and me came here as students, we were naive and looked life through rainbow..but life hits you with surprises as in no job, or jobs with no health insurance, health issues arise, healthcare costs daycare kids expenses are thousand times more here than in India...so savings are tough unless all husband wife and kids are healthy, and earning well....

    In my DH family, his paternal aunts are not given any property share because money was spent on dowries, after fathers dad and mom expired they gave all of them 1 lakh each, and thereafter every year, they hold a ceremony and give them cash and gifts...my DH's sister is way well off than my DH and his brother..my my FIL dotes on her and her daughters...every year he gives them gold sets , while my kid gets a rs. 50 cheapo toy once a year....it all depends on family dynamics etc also....
     
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  7. Meet9

    Meet9 Silver IL'ite

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    OK..the situation has gone ugly....I am not sure what son is going to achieve with all this....he must be a stone hearted to do this....
     
  8. yellowmango

    yellowmango IL Hall of Fame

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    6 years have passed and the solution has still not been arrived .

    The brother was wrong to assume the land belongs to him if he built his house on it. The land price appreciates while the house value depreciates with time. He assumed . If he had indeed returned and stayed in the house, most likely he would have been the owner.
    He invested in joint property and lost the value of his investment.

    Legally the house belongs to all four.
    Legally he cannot prevent either his mother or his sister from moving into a house that belongs to them too.
    Morally ,he has no business preventing it as he is not available to take care of his mother who has health problems .

    It is not fair to assume that the sister in India is only taking care of the mother for the property. The son in laws also seems to be okay with taking care of her....even in their own house. Taking care of old parents and watching them die is an extremely difficult task .It is traumatising to watch parents wither away and takes a huge toll. The brother and sister should be grateful that they don't have to go through that. She is doing the traditional role of the 'son ' here. If people find her intentions suspect,then we should suspect the intentions of all sons and dils who are doing their duty.


    One solution could be for the mother to write a will giving her share to either the son or the daughter in India .If the other sister is willing ,she could give some part of her share to the sister who is taking care of the mother or the brother.

    If mother gives her share to son,he will get half of the property which should compensate for his bad investment.

    If she gives it to the daughter, it is a loving gesture to the daughter and her family for being there for her.

    The second sister does have a legal share but little moral right over the property .

    If I had to advice,I would say,let the mother give her share to the caring daughter and the second sister give away her share to the brother. That way brother and caring sister get half the property. The sister can make modification to her half so that they can live there comfortable.

    Or the mother gives her share to the caring daughter and both sisters giving half their share to brother as payment for the house built with his money.
    The sister in India gets to live there with mother. The second sister and brother get right to stay there on visits .This arrrangement can be there till mother is alive.

    After her,the property be sold and everyone gets their share amicably.
     
    Last edited: Jul 7, 2021

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