What are the options??

Dinny · Oct 10, 2013

well the situation right now is that the father is partly ready to get married.May be he too wants a new life.His daughter has stopped meeting him.Add to it the son in law and him had an argument over property.
We asked him to shift with one of his siblings till the matter cools down.

sheztheone · Oct 10, 2013

Dinny, I have not read all the posts, but I agree with simpleMom. I am not sure what was originally the cause for a sour relationship between father and daughter, but the daughter is being selfish here.

If she does not want her father to get remarried and she does not want to take care of him she cannot claim his property. It seems to me like she wants all take and no give. As far as I know, unless it is ancestral property, she cannot legally stake a claim on it.

And why is her H getting involved in this? Property issues are clearly between parent and child, unless he has contributed to it in some way.

Dinny · Oct 10, 2013

sheztheone said:

As far as I know, unless it is ancestral property, she cannot legally stake a claim on it.
Click to expand...

ohhhhh
then there will be an issue in the family soon.Its an ancestral property which he had transferred in his wife's name. But now that the wife is no more i dont know to who exactly the property will go.

Her H is involved because shes involved.As in her husband lost his job here.So he decided to start a business in India.And now they need funds to develop this business.Thats the reason she took a gold loan on her mother's gold.

simpleMom · Oct 11, 2013

Children may not be able to bypass parents and inherit ancestral property. I don't know. Daughter may or may not have rights on it but the father will certainly have rights on it.

joylokhi · Oct 11, 2013

Remarriage for the sake of companionship which the father badly needs is OK. But at his age there is no guarantee the person he marries will fulfil the gap or it could lead to bigger issues of property etc. Why doesn't he consider moving into a secure and good senior citizen home where everything is taken care of. This way he can ensure his independence at the same time have company of like minded people and help in emergencies.

Dinny · Oct 12, 2013

Simple mom
i too yhink you are right.....Since it is ancestral property more than the daughter the father has more claim on it.But then dont forget the man had transfered all the property in his wife's name long back.Wont that hinder the case???

simpleMom · Oct 12, 2013

I think No. Father will have first rights on the property. It is better if the father sells that property, en-cashes it. He will have money to enjoy his life and spend on his future wife. How old is the father? He needs to consider writing a will.

Dinny · Oct 12, 2013

Joylokhi

you are right.Your suggestion makes complete sense too.But he says in the stage that he is right now...he doesnt want to leave this property and might not be able to make new friends too.He says he wants to spend whatever time is left in his life here(his present house).
I recently came to know that he owns a villa in Poomalai ,Trichur(i hope i have spelt the place's name correctly).The villa is in a complex which is for senior citizens. He says he wanted to stay there with his wife but now that his wife is no more....he doesnt want to shift there.
ppl in the family are trying to persuade him to rethink his decision.

duwa · Nov 19, 2013

I just wanted to tell of a case where one of my well to do relative who was close to 63 yrs got married to a poor girl in her late 30's from a good family.His adult kids were dead against the marriage citing sharing of property and other reasons.He was depressed after his wife's death but the marriage did him really good and now his wife is expecting.Remarriage is not all bad be it men or women.And men never become old to father children.

Laks09 · Nov 19, 2013

Dinny,
i just saw this thread! I have personal experience to share! A close family friend had this happen to him. This uncle was 65 when Aunty passed away. He tried to live by himself. He has kids but they were too busy to take care of their dad. He was by himself. His siblings living closeby could also not do much. He decided to remarry. Daughters were against it because they didn't want their moms jewelry and property going to someone else but like your friend was unwilling to lift a finger in helping uncle out. Uncle did remarry. This was 15 yrs ago. Aunty was in her 50s at the time. They are happy together, going out for movies temples etc and enjoying. Daughters are welcome in their home but it is their home. And I'm sure Aunty will get the house when uncle passes away. According to me that's only fair. I think uncle already distributed all the moms jewelry among the daughters.
Personally, if it were my Dad, even if somebody got all of my moms stuff and home, I would let her keep it if she took care of him and they were happy with each other. I don't believe in people "inheriting" from their parents if they cannot keep up their end of the bargain. If the father has brought the daughter up, given her a decent enough education, gotten her married off then she does not need anymore stuff in terms of property, according to me!