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FSo our home that we live in currently was in my mother’s name.
She transferred the property to my name after my father passed away. I have a brother, she dined to give him the property.
Recently, my wife and my mother fought and she threatened to take away the house we live in.
Can my mother take away the house and give it to my brother?
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SNAL.
It’s common knowledge that if son and daughter-in-law are unable to take care of parents or harrass them then the property can be transferred back to parents. This decision was taken by high court in a case. Many parents have become aware of this even in rural areas.
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FRead a few articles that state that a gift or deed cannot be reversed.
I might be sounding like I need the answer I want to hear 🙂↕️
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MThis is as per Sec 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
“Where any senior citizen who, after the commencement of this Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee refuses or fails to provide such amenities and physical needs, the said transfer of property shall be deemed to have been made by fraud or coercion or under undue influence and shall at the option of the transferor be declared void by the Tribunal.”
So first of all this applies to transfers or gifts made after 2007. You need to see whether you fall under this category.
Secondly, this only applies if you’re refusing basic amenities like food shelter and physical needs to your mother.
It doesn’t apply if the fight was over some other issue, as long as her needs are being met.
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QIf she has transferred the property to your name already legally she can’t take it away from you unless there was some condition like this.
* Maintenance of Parents: Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, if the transfer was made with the condition that the transferee would maintain the transferor, and this condition is not fulfilled, the transfer can be declared void.It’s most probably something she said in frustration and probably won’t go through so don’t do anything stupid the best way is to making her understand and trying to calm her down just the fact that she put the property under your name shows that she does trust you so don’t break that trust.
I’m not a lawyer or something just some google search and gemini.
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Shttps://m.economictimes.com/wealth/personal-finance-news/if-ill-treated-elderly-parents-can-take-back-property-gifted-to-son-rules-bombay-hc/articleshow/65004544.cms
Make up with ur mom.
Tell ur wife to cool her temper and ego.
Losing property is not nice.
Please show her these and take ur mom out. Treat her well.
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SU talking in air. There r judgements just opposite. Atleast google then say or let a lawyer answer. Just saying u r not a lawyer not enough
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QBro I literally said I used google search and this is the answer I got and I clearly had also mentioned the maintenance clause 2007 . Maybe you need to learn how to read first before saying to people they are talking in the air.
And you did a lot of work just copy pasting a link of a previous case lol just cause one case ended up that way doesn’t mean all cases will all of them have different scenarios and conditions.
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ABro should think about how to solve problems between wife and mother instead of thinking about if he throws her out can she claim “her” house back.
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RMaybe he wants to solve both? I’m sure he doesn’t want to be homeless. Also I’m sure he’s not planning on throwing her out. If b in a panic too if I realized someone wanted to take away my home.
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EInstead of worrying about the property,focus on mending the ties between them.Additionally,start looking for new house to buy/rent because your mother is going to use that threat often.
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SYou are not concerned over mending your relationship with your mother but rather over property?
And even if she is a horrible person and at fault here, why do you care for her property? Its hers, she can give it to whoever she wants. Inheritances always come with some strings. Stop scheming to fight her, it will only get worse for you. You sound like a horrible human being.
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HProducing humans as an insurance policy to take care during old age is for all intent and purposes slavery. Why are you expecting your kids to do anything for you? They didn’t ask you to produce them? It is you who decided to have kids, as an insurance for your old age. What guarantees are parents required to offer before having kids?
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SI think we all know the ‘slavery’ is the string for the inheritance. Some people accept it, and parents are also kind. The transaction is very well known, but there is still some bonding. For some people there is no bond- its a pure transaction. Care for them in old age, get an inheritance.
However, everyone has the option to accept or reject the transaction. If you feel the string is pure slavery and threats/abuse- walk away. Say good bye to the property and money, live your life freely, you got 0 right over it anyway.
Cant have your cake and eat it too. If OP wants the property, he should grovel and mend the relationship. If he feels this is toxic, he should walk away and live on his own, like adults do. What he shouldnt do is claw on to the property like gold diggers do.
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HHow is it a two way transaction if it’s the parents decision to bring kids to this world? Aren’t you accountable and responsible for bringing a full blown life to this world? What say do children have in whether parents should have kids or not regardless of the fact they might not be adequately qualified to be reasonably half decent parents?
No wonder, progeny is the one area where no one can beat India. Senselessly reproduce.
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SWhat are you even ranting about?
OP is NOT a kid. He is married, a full grown adult man. Nobody needs to care for him, or provide for him. Adults provide for themselves, and dont ask parents for handouts.
And you wanna talk about India vs rest of the world? Here in the US OP would be called a loser for living with his parents even when he is married. You turn 18 and you are on your own. And you dont get an inheritance if your parents dont feel like it, and you have no right to fight about it.
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HSo let me get this right.
Two adults decide they want to have kids.
They produce 2 human lives.
They need no education on how to be parents before having kids.
They don’t have to guarantee a good education.
They don’t have to guarantee a conflict free upbringing.
They don’t have to guarantee any outcomes for these kids that they want to have.
All humans have to do is just wait till these two lives become legal adults?
Instead of calling OP a gold digger, I think you should take some responsibility for the kids lying on the streets of India. They think just like you.
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SWhat are you on about?
Even the people who become parents didnt get a say in how they were born. No one does. You make your life on your own, always. Everyone does. Its the concept of individual choice, freedom and being in charge of your own destiny.OP is not a kid on a street.
I repeat. Adults pay for themselves, take care of themselves, provide for themselves. They dont look to elderly parents for handouts, which OP is doing.
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LWhile I understand what you’re saying, it’s pretty irrelevant here. The point is simple: if op wants the property, he has to stay on good terms with his mom and make sure she’s comfortable in her old age. Most people do that for their parents without the financial incentives. If not, why shouldn’t op’s mom give it to his brother who might be willing to take care of her? If her behaviour is unreasonable, he can back out and let the property go. If he’s in the wrong, she can try to ensure she’s taken care of by her other son. They both have a choice here.
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SAlways mention the full picture..if you are born in the US you already know this thing as a fact right from your childhood that you need to work hard and earn for yourself and that you will be out of the house once you are 18. No one in the US interferes in the children’s married lives. But in India, once the son gets married, there are unrealistic expectations from the bahu, which often leads to these saas bahu issues, and then you realize that tum na idhar ke rahe na udhar ke.. that is why in the US, you are a loser if you live with your parents after 18, but in India, the son who lives separately from parents after marriage is sometimes considered a bad son
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SNone of this is relevant to the topic of OP’s post. Y’all are just ranting about anything and everything under the sun, creating distractions.
OP is worried about his mom rescinding his property transfer. There are only 2 possibilities here. The mom is horrible, wants to exert influence. Or OP and/or his wife are dicks, and his mother has been treated poorly.
In the first case, OP is a bad human being for worrying more about the property rather than getting away from the toxicity of his family. You are an adult, move out of the house and live you own life. No one cares what people say, people will say something or the other all the time. Grow up.
In the second case, OP is a horrible human being for preying on his mother.
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MPresumably OP was taken care of by his parents till he attained majority. Post that, their role ends. So this argument doesn’t hold. OP is free to walk away and create his own assets and cut links with his mom.
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LOP: Have you considered earning yourself to fulfil your desires and asking your wife to be polite with elders! Just saying!!
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AYes she can. And she should. She was wrong in the first place to hand it all over to you leaving your brother out of his due share. Looks like you didnt keep your end of bargain and now are about to find out the consequences of your own actions.
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AFor a mother to take back her house, there has to be a reason that she feels her future is not secure. It cant be just one argument for mother to take extreme step.
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