Legal Question in Real Estate Law in India

A and B are old couple staying at their home with their eldest son(there being 3 siblings:2sons and a daughter) and his family. A is not ready to make a will in regard of the house n has already lost himself to old age and related problems. He has disowned his youngest son for his attempt to forcefully taking away of the property. The eldest son and his family is the caretaker of the couple now. The old couple and the eldest son and his family has been staying in the same house for 22years without any objection from A(being the owner).lately the daughter of A has started showing keen interest in the whereabouts of A and his wife. In the process she has also tried to influence A from making the will,with her having an eagle eye on the property.A long back had stated his wish not to give his house or any share of the same. But since A isn't in the best thinking capacity, he gets influenced easy without knowing the malice of his daughter. What can the eldest son do? For the wish of the father was to not give anything to anyone but his eldest son.


Asked on 9/21/13, 1:11 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

21.09.2013

Parents never like to discriminate amongst their children. It is very easy and convenient for A as the eldest son to think that his father wants to give everything to him alone. Even if that does eventually happen in future, A's eldest son will have to financially compensate and settle his brother and his sister with their due share in A's estate. If A is too old and lost to old age, his wife B is there after him as the immediate custodian to be able to decide what is the future course of action. All that the eldest son has to do is fulfill his moral duty of looking after the needs of his aging parents right through.

Regards,

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Answered on 9/21/13, 9:50 am


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