mother can execute conditional gift deed that son would pay mother x amount as maintenance and take care of her during her lifetime
2) if he fails to do so gift deed can be revoked by mother
Mother's property
My father had purchased land property in our village. It was in my father's name. We are seven children. After the death of our father, all seven children gave our consent to register the property in our mother's name. Accordingly we all registered property in our mother's name. Mother stays with one of the siblings (one of the sons). Now he is asking mother to register property in his name. We have no objection to this. But, we are concerned about mother's care & well being in the future if property is registered in his name & tomorrow he will remove her from the house. please suggest solution to ensure mother's well being.
Asked 8 years ago in Property Law
Religion: Hindu
6 Answers
sk mother not to give the property just now.
Or she can execute a Will and give the property to the said son.
The Will does not have any immediate effect and it comes into force only after death of your mother.
So under the present scenario Will seems to be only good option left.
Is there any possibility that Mother will register property once again in joint names - mother & son (our brother). Further, even if mother executes will or registers jointly, we don't want brother to sell it off after mother's death. As a memory, we want brother to take good care of the property for about 15-20 years after mother's death. Request suggest solution.
Asked 8 years ago
1) mother can execute will wherein she bequeaths property to son
2) conditional bequest can be made that son shall not sell property and on his demise it would devolve on her grandson
1. Your mother can register a conditional gift deed in favour of your said brother.
2. The condition should be that your mother will stay in the said property till her death and your brother will not be able to sell the property during the lifetime of your mother.
1. The property is in your mother;s name now for which she won't have to register it again in her name and her son's name.
2. She can gift 50% share of the property in favour of your brother.
3. She can also execute a will bestowing the entire property to her said son which will be affective only after her demise.
4. She can mention in her will that the property can not be sold by your brother for nnext 25 years.
If all the children have transferred their share to their mother then mother is the absolute title holder of the property, in which capacity she is free to transfer it to anyone. Your mother can execute the gift deed in favour of her son, and if he neglects your mother in her old age then your mother can file a petition under Senior Citizens Protection Act to cancel the gift deed.
