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Rights Of Wife & Kids In Property

Discussion in 'Married Life' started by Dishaa, Aug 10, 2017.

  1. Dishaa

    Dishaa Gold IL'ite

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    Hi All,

    I am posting this incident happened almost a year back (which still haunts me), so would like to seek your inputs in this.

    The person is an lady in her mid age is one of my far away relative, part of the information is shared by her & part of information I have received from DH & In Laws. I will address them as Uncle & Aunt.

    1. Theirs was an arranged marriage, they have two children (10 years & 8 years) respectively.
    2. Uncle is chain smoker & drunkard - was admitted in rehabilitation center couple of times, but all attempts failed miserably.
    3. After staying for almost 12 to 13 years, Aunt decided to part ways from Uncle (Not divorced / remarried any one) but shifted to her parents (located in different state) along with her both kids as she felt Uncle's life style was impacting their kids life.
    4. Aunt parents & siblings have helped her in educating her both kids & by God's grace they are good in studies & not like their father, where as Uncle till day times are there he is so addicted to drinks even though belong from a well to do family background sometimes found in roads or gutter & don't even get up for days after he drinks (totally spoiled)

    Current scenario.

    1. The other siblings of Uncle decided to sell off their ancestral property & distribute the funds amongst themselves (more to the sons & less to the daughters mutually agreed & accepted by all).
    2. All the families met together on the day of the financial deal even Aunt came on that day along with her both kids.

    Injustice (What I feel).

    1. Once all the financial deal was completed, the other siblings handed over the Uncle share of cash to Uncle (who is not at all stable because of heavy drinking) & Uncle gave all the money (amounting to almost 80 lacs) to his neighbor & not gave a single penny to his wife or kids.

    2. Aunt requested the other siblings who are her SIL & BIL to hand over at least some money to her kids for their future (her husband never shouldered any of their responsibility because of his heavy drinking). None of them helped her or her kids.

    Your suggestions required:

    1. What Aunt can do in this scenario?
    2. Also I am upset about the mindset of my in laws who were actively involved in this decision.
    3. Though I don't know her personally, but I really feel they need some help. My In laws have asked me not to communicate with her (They pressurized me to discontinue my friendship with Aunt in social media, to avoid unnecessary problems I didn't opposed & agreed).
     
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  2. yellowmango

    yellowmango IL Hall of Fame

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    Learn your lesson from this.
    Do not invest in joint property with in laws or siblings.
    You know their views now.
    Keep your investments separate and in joint names ,nominating each other .


    As for your aunt,since it was ancestral property,her children have a right to it. She should contact a lawyer and put a stay on the transfer of money before it is lost. She should talk to a lawyer.
     
    Last edited: Aug 10, 2017
    Laks09, sindmani, Shreema86 and 2 others like this.
  3. Sunshine04

    Sunshine04 Platinum IL'ite

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    this is very bad.
     
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  4. joylokhi

    joylokhi Platinum IL'ite

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    Since the aunt was not legally divorced, she alongwith her children are entitled for an equal share of the ancestral property. However, as in this case, the money has already been handed over to the uncle who is still considered legally as head of his family, it would be very difficult for the aunt to stake her claim. Best solution is for her to approach a lawyer and try to get uncle to give part of the share received by him.
    Feel really sorry for your aunt. Maybe legal divorce in such cases would have been helpful for her.
     
    sindmani, NeetaR and yellowmango like this.
  5. jayasala42

    jayasala42 IL Hall of Fame

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    It is unbelievable that a huge amount of Rs80lakhs had been handed over in cash to that uncle who in turn has handed over to some neighbour.Even a year back rules were strict that such a huge transaction is not likely to have taken place in cash.If uncle's share alone is 80L what would have been the entire share/ If the lady is educated enough she could have ascertained everything.no sibling would be prepared to allow the drunken uncle to have handed over the cash to some unknown third party.There is definitely some underhand dealing between the sibling, the neighbour and the uncle.Even a total addict would not be out of senses 24x7.
    There is some hidden plan .The lady has to approach a lawyer and send notice to all concerned.
    Such a huge financial transaction might not have taken place without the assistance of a lawyer and chartered accountant, and it is highly impossible that the entire transaction was in cash.There will be a definite amount of accountability in cheque .If some investigation is made about the lawyer/CA who helped them,some real inf can be gathered.
    It is possible that the neighbour is an intermediary who is involving himself for some material gain and later the other siblings would have the amt distributed, once the halchal is over.

    jayasala42
     
  6. Dishaa

    Dishaa Gold IL'ite

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    Dear Yellowmango, joylokhi, jayasala42, Thanks for your inputs, here are some points may be of any help for your inputs.
    1. The amount transferred was not in cash (it was 90% or 95% Cheque & 10% in Cash) & yes the amount was in few crores divided among 7 or 8 siblings.
    2. It was mutually agreed among all the siblings (Males will get 75 to 80 L each & females will get 10 L to 12 L each) there was no issues in that.
    3. Yes a lawyer was involved in that & as a protocol all the siblings including this Aunt was aware about the deal & were asked to be present on the day of the deal.
    About Aunt:

    She is not that well educated & not financially strong & well versed with legal aspects in this present scenario she & her kids are completely depended on her brother & parents (Mom's side).

    Later on things will be fine, time is the hardest teacher.

    Neighbor (A middle aged family person):

    Used to take care of uncle (after aunt left & his parents expired). Many a times he was the one who took brought him home from the streets (Uncle was found dozed off after drinking). No idea about any hidden dealings.

    My Concern:

    1. Yes this above incident shook my & my fathers confidence level towards my in laws.

    2. So thinking about it requesting your suggestions.
     
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  7. yellowmango

    yellowmango IL Hall of Fame

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    Do you live with in laws?
    Have you as a couple made joint investments with in laws that is not in your or husband's name?

    I would suggest you start your own investments without going about antagonizing in laws.
    You can invest jointly in the name of children if they object.

    In this day and age ...it is stupid to make joint investments .
    It is better to be safe than sorry when it is too late.

    What is your husband's opinion on this issue?
    Does he also support the stand taken by the family?
     
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  8. Dishaa

    Dishaa Gold IL'ite

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    Dear yellowmango,

    Thanks for your response,

    1. I don't stay with my in laws (but have frequent visits by them) & I always get a feeling that they don't like me.
    2. This aunt incidence was bugging me for long so shared my concern, Dh is confident I won't be treated like his aunt by his parents. All he said he is not interested in my money so I can continue with separate account.
    3. Salary/Bank Locker/Investments from my salary /House where we are staying (All EMI are borne by me & are in my name. Though In laws are not at all happy with this decision (for past 3.5 years managed to keep a deaf ear, don't know how long will be able to keep myself cool).
    4. For monthly household expenses equally & EMI is borne by the one who purchases the product.
     
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  9. Elsa

    Elsa Gold IL'ite

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    OP, your aunt cannot do much unless she takes the legal route and claims her share by filing for a divorce. She should do it as soom as possible, before your uncle and his neighbor blow away all the money. Your uncle's siblings are his family, so they would obviously try to help his brother rather than his brothers wife. You cant blame them for doing what they did, they atleast were fair to your uncle & aunt as a unit. The differences between your aunt and uncle should be handled by them.
     
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  10. yellowmango

    yellowmango IL Hall of Fame

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    You are doing good op.
    Just ignore their unhappiness with your family decision.
    Does husband also invest for your family ( you ,husband and children)?
    You can nominate each other .

    You have already set the trend ,so it should not be a problem .
    It is the starting that is the problem.
    Just keep doing what you are doing for the family.
     

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