best way to save property from evil daughter-in-law

[Angad Singh]

Dear Sir,

I want to save my property and assets from my evil daughter-in-law and her greedy family who have filed false dowry case against my family and maintenance and divorce cases against my son. My daughter-in-law and her family are demanding more than half of our property and assets to settle the case. They are associated with bad social elements and they can go to any extent to fulfill their greed for our property and assets. Unfortunately my grandson is in custody of my daughter-in-law. I want to secure future of my son and grandson in long term. Among writing a will in favour of my son or creating a family trust for my son or any other way, please suggest what is the best way to protect future of my son and grandson without having to give up our family property/assets in the form of alimony/maintenance by legal arm-twisting through courts by greedy and evil daughter-in-law and her family ?

Thank you.
Angad

[Dr. Ashok Dhamija]

On the one hand, you are saying that your daughter in law is demanding half of the property to settle the case, which means that it would be in the near future. On the other, you are talking of will, which does not come into effect immediately. It is difficult to reconcile the two.

Settling the case is up to you. If you do not want to settle the case, it is not binding on you. However, in that situation, you may have to face the cases, if any, which are to be settled.

Thirdly, usually, maintenance would be awarded against your son from out of his sources of income. Maintenance may not include share in the property, unless you yourself agree for that by way of settlement.

Further, you have said that your grandson is with your daughter in law, and you have also said that you want welfare of your grandson. The maintenance that she may be demanding may also be including maintenance for your grandson who is with her. So, unless and until the custody of your grandson is legally transferred to your son, a reasonable amount of maintenance may rather be favourable for your grandson’s well-being.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Angad Singh]

Dear Sir,

Thank you very much for your prompt reply. My son is regularly paying maintenance to her and my grandson. But the amount demanded by her for final settlement is more than half of our property and assets and which is beyond our reach to pay.
I asked about will in this context because of her ill intention, her greed and her evil ways. She and her family can go to any extent (including killing) to grab our property. That is why my query was: which is the best way to secure our property and assets:
(i) by will or
(ii) by setting up a trust or
(iii) any other way,

so that she can’t make any claim for our property or make claim from our son after us. I am sure my son will take care of maintenance and welfare of his son till he attains majority.

Please guide.

Thank you very much.

Angad

[Dr. Ashok Dhamija]

Unfortunately, you appear to be taking it too far. There are lakhs of cases registered in India for maintenance. Murder for getting maintenance is too far-fetched an imagination. In any case, there is law to take care if someone murders a person.

In your zeal to stop someone from getting the property, you want to harm the interests of your own son by giving away the same property to some trust or some other cause. In my opinion, one should not think too many imaginary things and you should make a will in favour of your son and your other legal heirs to whomsoever you want to give property after you.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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