My grandfather registered will and it says after his wife his son(my father - 70 yrs old) can enjoy the property having rental income from the prop and maintain the family without any encumbrance (alienating, Transfer, etc.). Looks like life estate. After my father's demise, he gave full rights to male heirs of his son( ME -only son 26 old unmarried). Now he is not taking care of his family (mother 61) and wasting money by drinking( at his age) more than that he is beating and scolding my mother. He broke my mother's arm in Dec 2019. He is still doing occasionally when he's drunk. He is saying that he can do anything with that rental income as he wants and I can have the rights only after his death. I have waited long enough. The security deposit of the rental agreement is in lakhs. I haven't signed any of the agreements with the tenant. Because of him, I told my father to share the income to take care of the family and he was old too. He refused. Now I'm negotiating with the tenants to pay rent to me. But they are afraid. I told my tenants that I will not take responsibility for the security deposit (it's not a normal 3 month, 6 month advance, three year duration period and unregistered, I haven't signed any agreement and My father is only a life estate. After I attain major I need to sign it too. So, support me and make my father sign with me with a new agreement and share the rent and I will take responsibility for the deposit after him. 1) Am I correct? can I able to do this? 2) Am I bind in my father's rent agreement without signing it? 3) correct or not, what are the other legal recommendations should I do to get rental income? 4) Me and my mother need to stay alone and away from my father for our safety. Help.
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Your mother should file DV case seek alternative accommodation, maintenance and compensation for mental torture undergone by her
2) rely upon grand father will wherein father has to maintain his family to enjoy rental income
3) rental agreement signed by father is binding upon you
4) you cannot force tenants to sign agreement with you
1. Since your father has life interest through the said Will, you cannot force your father to share the rental income, he is not legally obliged to share the same and if you still insist on that, he may even give a crimninal complaint against you for intimidating acts against him.
2. No you are not obligated to return the deposit amount, it is his liability.
3. You are not entitled to a share in the rental income as per the contents of the Will, which you have mentioned, hence to look for any loophole, it is pertinent to peruse the Will.
4. You can take a decision in this regard accordingly.
- Since the said WILL having clause that your father will receive the rental income to maintaining the family , then he is bound for the same , otherwise that WILL having no value and is challengeable.
- Further, you mother is having right to claim maintenance and residential right from him legally under the provision of domestic violence act.
- Further, as your father is landlord presently by way of that WILL , then you cannot take consent of the tenant to sign a new agreement with you , and further you cannot claim rent from him, specailly during the life time of father
- If you are a minor presently , then you can claim maintenance and education expenditure from your father legally .
Mother has many options. Law is in favor of women. He is doing this because you are tolerating it once you enforce your rights he will realize his mistakes. Following remedies are available to mother…
1. there are 2 life estates
2. one in favour of the widow and after her, in favour of the son
3. the testator has given the life estate to the son subject to he taking care of the family from the rental income
4. now 2 things can happen
5. the condition put by the testator can be taken to be merely as the desire of the testator, which the son given the life estate may or may not honour
6. the above is the defense which the son can take to deny maintaining the family
7. other thing is that since there is a specific condition subject to which the testator had granted the life interest to the son, which he is not fulfilling, the beneficiaries of that condition, that is the dependent wife can file a suit against the husband [your father] to claim the rental income for her maintenance and of that of the family
8. as regards the security deposit, the ultimate legatee is the son [that is you] to whom the property will come after the demise of the son given the life estate
9. now it may so happen that the father may die before the expiry of the rental agreement in which event the property will go to the grandson of the testator. In such a case the grandson will become liable to refund the deposit when the term ends
10. if there is any apprehension that the father is misusing the deposit money which ultimately the grandson has to refund to the tenant on expiry of the rent agreement, then the grandson can also file a suit against the father restraining him from misusing the deposit money and to deposit it in the Court or to deposit it with some escrow agent
1. Yes
2. Yes.
3. You can't get it without his will. Your mother can file domestic violence and get a share in the rent.
4. Your mom can also take protection orders against father.
1. You have stated that as per your grandfather's Will, only your father is entitled to enjoy the rental income till his lifetime and you may inherit the property only after your father's lifetime. As such, only your father should execute the rental agreement. You have no claim over the property yet.
2. Your father alone shall be responsible for all his dealings with the tenants and you shall not be legally liable for anything.
3. Your father may execute a specific power of attorney in your favour for letting out the property, fixing up tenants, receiving rental deposit and monthly rents, which has to be duly registered. Only then are you legally entitled to manage the property.
4. It is your choice. Your father cannot legally prevent you from doing so.
