My grandmother had made a will. she gave her property to my mother and put a condition -charge -on it. she should give 50000 rupees each to my mother's two brothers the first year after her death. if not paid she should give 6% interest per annum. But my uncles did not accept the money then. Now, 14 years after the death of my grandmother, they demand that they need a portion of the property. She is ready to pay them up 50000 with 6% interest. But they refused. Is she legally bound to give them a share?
2007-12-30 13:40:05 · 5 answers · asked by govind 1 in Politics & Government ➔ Law & Ethics
Having a charge is to have a right over the property to recover amounts to the extent entitled. There are several kinds of charges which needs no mention for the present situation.
As you must be aware a Will is a testament of a person in which he/she details out their wishes and appoints an executor to fulfil the same. Since your grandmother had bequeathed a property to your mother and had imposed a condition of payment to both your uncles, your uncles have a charge over the property gifted to your mother for an amount of Rs.50,000/- each. And your uncles can enforce and recover the amounts entitled only if your mother refuses to pay the amount.
There are several questions that require answers and within those answers lies the solution to your problem.
Were your uncles aware of the will executed by your grandmother. How and when.
Did they challenge the validity of the will at that point of time.
Now you say your mother tendered the amount to both your uncles but they refused to receive the same. The fact that your mother had tendered the amount and the fact that your uncles refused to receive the same should be substantiated with some proof. Their claim towards the property would also be defeated if it can be proved that your uncles were very well aware of the will executed by your grandmother at a given point of time and that since they didn't challenge the will at the relevant point of time they voluntarily waived their right to do so.
Your mother has acquired ownership rights through the testament of your grandmother. She is only required to pay certain amounts and nothing more than that. It can be the case of your uncles that your mother outrightly refused to pay even the amounts too. In such a case also they are only entitled to the amounts alongwith interest as specified.
Issues concerning family are simple as long as they are within the family. They become complicated only when brought before a court. Therefore every fact has to be evidenced through some mode which can be later on be made available to the court presiding over the issue.
Dont sit over the issue. Consult a lawyer who is well versed with civil and family property matters.
2007-12-31 00:40:18 · answer #1 · answered by jaiswalhema 2 · 0⤊ 0⤋
Generally a charge on a property means that the property has a lien on it.Such lien is due to
the fact of an undischarged debt for which the
property stands mortgaged.A charge is not a condition.The best course for you and your
mother is to consult with an attorney and seek
his legal advice.If, as you say,your uncles had refused to accept their share of the legacy
when your grandmother passed away,did they
indicate such refusal in writing?In any case,no
clear advice can be had through Yahoo Answers in the absence of a copy of the will or the broad terms thereof detailing the bequests.
A lawyer is your best bet.
2007-12-30 15:15:18 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It's just fluff talk to try to convince you it's "special." It can be because the description doesn't make it stand out, but frankly, for the "must see" when I've bothered to see them, I've not been impressed--frequently some crazy "design" idea that makes for a completely impractical floor plan OR it's just a standard tract house that they slapped fresh paint on and maybe have a few nice pix or something so they think that justifies the price. Remember with the technology now, if it were that breathtaking there are pix and virtual tours as well that will make someone want to come take a look.
2016-03-14 12:26:04 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Your uncles are eligible only for 50000+6% p.a. interest. Perhaps they are aware the property is worth more than this amount, so they are raising a dispute. Anyway, consult a lawyer with the will of your grandmother.
2007-12-30 13:57:35 · answer #4 · answered by Cooooool 4 · 0⤊ 0⤋
Your Uncles are entitled only to the money and interest.
Maybe the interest can be disputed since they refused the money when offered.
(You might threaten that if they want to go to law.)
2007-12-30 14:41:12 · answer #5 · answered by Irv S 7 · 0⤊ 0⤋