Yesterday, some parents came to me. They had built three storied property from their own income.
They have two married sons, one unmarried daughter.
On ground floor, parents and daughter live. On first floor, younger son lives. On Second floor Elder Son lives.
Now sons are pressing.
Give us the flats in which we are living. Transfer them in our name. We want to sell our part and want go and live away from you.
Parents say, this whole three story building is our own property.
You have no legal rights in our property. We can give it away to any charitable purpose also.
And further, which of you two son is ready to pay for marriage expanses of daughter?
Anyway, we don't want to sell our property until we live. Parents said.
Everyday, quarrels takes place in their house. There is no peace in house.
.........
What legal advice or counsel can I give to these parents?
Legally speaking, in their self acquired property sons have no rights.
But this will not bring peace to their home. Sons are morally right. They are grown up. They have wives and children.
They want to go to a better place. Must they wait till deaths of parents to get their share?
Why papa mummy are refusing to give them their right to which they are entitled after death of papa-mummy? They ask.
How will you solve this problem?
There is a legal solution which can meet needs of all.
First, parents should say to their sons that it is ok. They are right.
This will take off heat the parents.
Then the question will be how to do it. What legal papers can be drawn to protect interest of all ?
What legal documents can protect and assure rights of all family members.
SOLUTION
In my view parents should file a civil suit in court in which sons and daughter should be made party respondents.
Parents should ask court
1) To declare that the property is their self acquired property, built from their hard earned money and neither sons nor daughter have any rights in property.
2) Then, they should ask for an injunction, that neither sons nor daughter should trouble them in Anyway till case is pending
3) Then they should say in suit that even if Sons and Daughters have no right in property, parents are willing to give them undivided share in property, if sons and daughter agree to following conditions. Then they should list their own conditions.
Then Court will ask Sons and Daughter, if they are agreeable to conditions placed by parents?
If they will say no, then court will pass order directing them not to pressurize parents till case is pending in court.
If sons, will still harass parents, then they will be liable to be punished by court in contempt law.
If Sons and daughter and parents reach some, formula acceptable to all, court will pass order accordingly.
This may bring peace in family.
7-3-2013