Disputes within a family — between parents and children, brothers and sisters, or members of a joint family — are rarely only about law. Money, property, care of elders and long-standing relationships are all involved, and a badly handled dispute can divide a family for a generation.
Adv. S. Mohamed Yunus helps families in Coimbatore resolve such disputes, preferring negotiation, mediation and written family settlements wherever they are possible, and representing clients before the Civil Court, Family Court or Maintenance Tribunal where they are not.
Scope
Matters handled
- Senior citizen maintenanceClaims by parents and senior citizens for maintenance and protection against neglect by children or relatives.
- Succession & legal heirshipLegal heir certificates, succession certificates and disputes over who inherits.
- Will disputesProving a Will, probate and letters of administration, and challenges to Wills on grounds such as forgery or undue influence.
- Family settlementsWritten family arrangements that divide property and responsibilities and prevent future litigation.
- Guardianship of minorsGuardianship of a minor's person and property, including permission to deal with a minor's share.
- Gift & settlement deed disputesCancellation of gift or settlement deeds where conditions of care are not honoured, where the law permits.
- Family business & money disputesDisputes over family business, joint accounts, loans between relatives and shared assets.
- Mediation between family membersStructured discussions to reach a settlement acceptable to everyone.
Process
How the process works
- 1
Understanding the family
Mapping the family members, the property involved and the real points of disagreement.
- 2
Documents & legal position
Reviewing Wills, deeds, heirship documents and records to establish each person's rights.
- 3
Settlement attempt
Notices, meetings and mediation aimed at a fair written settlement.
- 4
Proceedings if needed
Petitions before the Tribunal, Family Court or Civil Court, with interim protection where required.
Documents to keep ready
- Family tree with details of all members
- Death certificates and legal heir certificate
- Will, gift deed, settlement deed or other family documents
- Title documents of the family property
- Bank records of joint accounts or family business
- Medical records, where care of an elder is in issue
Relevant laws
- Maintenance and Welfare of Parents and Senior Citizens Act, 2007
- Hindu Succession Act, 1956 and Indian Succession Act, 1925
- Muslim Personal Law (Shariat) Application Act, 1937
- Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956
- Transfer of Property Act, 1882
FAQ
Frequently asked questions
Can parents claim maintenance from their children?
Yes. Parents and senior citizens who cannot maintain themselves can apply to the Maintenance Tribunal against their children or relatives under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The procedure is simple and designed to be quick.
Can a parent cancel a property transfer made to a child who neglects them?
Where property was transferred on the condition that the transferee would provide basic amenities and care, and that condition is not fulfilled, the Tribunal can declare the transfer void under the Senior Citizens Act. The facts and documents are crucial.
What is a family settlement and does it need registration?
A family settlement is an arrangement among family members to divide property and resolve disputes. A document that itself creates or transfers rights in immovable property generally requires registration, while a memorandum recording an arrangement already made may not. Proper drafting avoids later challenges.
Who inherits if there is no Will?
Succession depends on the personal law applicable to the deceased — for example, the Hindu Succession Act for Hindus or Muslim personal law for Muslims — which sets out the heirs and their shares.
The information on this page is general in nature, based on the law as generally understood, and is not legal advice. Legal positions change and outcomes depend on the facts of each case. Please consult before acting on any information.
