• How do I protect my assets and property against my brother in law i am while alive and dead ?

My brother in law has an eye on my property and right from early ears of marriage has been behaving badly and threating us in various ways to put assets in his name. My sister hates him, but does not have the courage to be firm because the child is involved and attached to her father. 
My mother is old. We have 4 proerties ,two in my mother’s name and two in my name.
The property owned by my mother has equal nominations of my sister and me as of now. 

The main issue is his latest strategy is to turn her against us, and make his demands through her, She is timid and gives in. She does not realise he will take it all and drop her like a hot potato. 
Also, under his instructions, sh has been doing online transfers from my mothers account to finance his business, and now we have put a stop to that after we found out. The house is run by her with her money. He rarely contributes.

My question is 
1.I want my sister and her 7 yr old daughter to be the heirs of my mother and me too (since I am unmarried) . but I do not want my brother in law to get any benefit directly or indirectly.
2.My sister is totally under his subjugation
3.The child is now 7 . I want her to inherit the estates , but how do I keep him away from splurging the money?
4.My mother is very clear that till she is under his control, she should be given nothing.
5.My mother is getting old and facing memory loss.

What legal documents should I make to safeguard my interest and that of my sister and niece?
Asked 3 years ago in Property Law
Religion: Other

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3 Answers

Mother can execute registered gift deed to transfer 2 properties in your name 



You can execute will bequeathing your properties to your sister and neice 

Ajay Sethi
Advocate, Mumbai
97824 Answers
7927 Consultations

 Neither your mother  nor you can make your sister as your legal heirs during your lifetime.

You can stop her access to your mother's accounts and may make your mother operate her accounts by herself or you can handle your mother's account to assist your mother and prevent your sister to operate them anymore in future to avoid her husband swindling all the money through your sister.

For now your mother can remove your sister's name as her nominee and in the change of nomination, she can clearly nominate you alone so that her husband do not have any access to the funds through your sister by playing any kind of mischief.

If at  all you want your brother in law to not have any access or misuse of the properties or assets, then your sister only has to do it because it is she who is paving way to husband who takes advantage of  her weakness.

Hence your sister should be firm and should stand solid rock against all his attempts to jeopardize the finance. 

T Kalaiselvan
Advocate, Vellore
88018 Answers
2370 Consultations

Execute a registered settlement deed in your family

Prashant Nayak
Advocate, Mumbai
33103 Answers
215 Consultations

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