My Dadaji initially divided his property among his five sons in a complex manner as detailed in his will. However, after consulting a lawyer, the family agreed to equally divide the property among the brothers, effectively nullifying the original will. Dadaji had registered my father's share of the property in my name (Sameer) to prevent my father's second wife—my stepmother, who has a history of greed, bad behaviour, and domestic violence—from inheriting it. Unfortunately, due to the new equal division, I no longer inherit this property. Upon learning that I was out of the will, my stepmother began demanding that another property be bought for her using the proceeds from the sale of Dadaji's property, so she could live near her sisters. My father, a doctor, has already made her a joint owner of one property and a nominee in two others, in addition to the substantial amount of jewellery she has acquired. Despite this, she continues to demand more. My stepmother has never cared for my father and has mistreated my sister and me throughout our childhood. Her goal is to acquire as much as possible and pass it on to her sisters' children. My father wishes to ensure that his wealth benefits his children and not her. He is now looking to legally protect his assets and ensure that the majority goes to my sister and me, while giving her a fair but limited share. What legal steps can my father take to achieve this, while also addressing the possibility of getting rid of her? Sincerely, Sameer
Father should during his lifetime execute registered gift deed in favour of you and your sister
2) even if your step mother is nominee of some property she would only be trustee and not absolute owner of the said property
3) on father demise intestate property would devolve on step mother ,you and your sibling equally
The share of property your grandfather transferred to your name by registered becomes your own and absolute property even though there's no mention about it in his Will.
You can claim that.
The other properties can be transferred by your father by executing a registered settlement deed by holding life interest unto himself.
1. If it were to be the self acquired property of your father, let him execute a WILL naming his children as beneficiaries.
2. Or else, your father can execute a registered Gift Deed in favour of his children and get it registered in the jurisdictional Sub Registrar's Office. By doing this the property could be transferred to his children during his lifetime itself.
- Since, your father can execute a registered Gift deed in your and his daughters favor.
- Further, during the life time of your father , she has no right to claim over the property.
- Further, the property where your step mother is nominee cannot claim entire ownership , and hence you being the son has also right to claim equal share in that property after the demise of your father.
- Further, the property in which she has joint share with your father can also be claimed by you after the demise of your father on the ground of purchase of that property on the family fund.
Hi
Making a registered will bequeathing his property to his children as he wishes is an option. Another way to secure is to transfer his assets to his children by gift deed registered to each of the children and secure while he is alive.
Hello,
Dear Client,
Your father can take several legal steps to protect his assets and ensure that they benefit you and your sister while giving your stepmother a fair but limited share. Firstly, he should consider creating a comprehensive will that clearly outlines the distribution of his assets. He can specify that certain properties and financial assets are to be inherited by you and your sister, ensuring that your stepmother receives only a limited portion.
Secondly, he can set up a trust for you and your sister, which would manage and protect the assets from any potential claims by your stepmother. The trust can be structured to provide income or benefits to your stepmother while preserving the principal for you and your sister.
Thirdly, he can change the ownership and beneficiary designations on any joint properties, financial accounts, or insurance policies to reflect his wishes. This might involve removing her as a joint owner or beneficiary and designating you and your sister instead.
Lastly, your father should consult with a family law attorney to explore any legal avenues for separation or divorce if the relationship with your stepmother is untenable. This could potentially reduce her claims on his assets.
By taking these steps, your father can better ensure that his wealth is distributed according to his wishes and minimize the risk of your stepmother acquiring more than her fair share.
Dear sir
Your father can make a will and get it registered for it to have full validity and execution without any issue .
To get rid of his second wife , he can file a divorce .
I could discuss your case in detail if I had known more information about your case . But due to limitations, i would request you to contact me personally on phone or at my office for detailed consultation if any required..
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Thank you. Warm regards
- Adv Harshita Shah
This property was purchased with my father's hard earned money which my step mother co-owns with my father. How can we make sure that in future she doesn't transfer this property to her relatives in case she becomes the sole owner?
You can file declaratory suit that you have one third share in property as it was bought in her name for benefit of joint family as step mother had no source of funds
Your father should transfer his share of property to his children either by registered settlement deed or by a Will.
Since your stepmother is already a joint owner, her share cannot be snatched from her by any means.
If your father dies intestate then his share shall devolve on all his legal heirs.
In that case your stepmother cannot transfer entire property to her relatives.
Dear Client,
There are various strategies to ensure that your stepmother cannot transfer the property to her relatives if she becomes the sole owner.
To implement these strategies effectively, your father should work closely with a property lawyer. The lawyer can draft the necessary documents, ensuring they are legally binding and enforceable. Should you require any further clarification, please do not hesitate to contact us.
- Your father can file a declaration suit before the Court for declaring the owner of the property after submitting the proof of payment of fund , if he is alive.
- Otherwise , you cannot restrained her from transferring the property to her relatives., if the said property was purchased in her name.