Disposal of property.
My husband had a flat in Dombivili, Thane District of Maharashtra and he expired in May 2006. The society formation was in process and hence no nomination was filled. Based on my request, the society transferred the flat in my name after following the procedure. I disposed off the flat as it was a liability to me in the year 2010. At the time of my husband's death, his mother who was residing in the ancestral house in native place was alive and never made any demands. She passed away in the year 2008.
Now my husband's sisters and a brother has said that they had a right on the said flat and the disposal of the flat is illegal and criminal proceedings can be initiated against me and my son. They have also said that the section 420 will be applied for cheating and a non-bailable warrant can be issued against me. I was not aware of the law which entitles surviving mother to have a claim of deceased son's property.
When I was made to understand about the law, I happily agreed to give them the share of a property in native place (which they accepted) and asked them to take their share from the sale of the flat, which they refused. Their intention is to get the balance property which myself and my son is entitled to at a throw away price. I am not in a position to repurchase the flat already sold and not even sure whether the buyer still owns the said flat or it is disposed off. I don't strictly intend to the put the buyer in any problem... which has arisen due to my ignorance.
You have stated that you sold flat in 2010 . did your mother in law leave any will. If she did not leave any will her 1/3rd share would devolve on all her legal heirs. Similarly, in your native place you and your son would inherit your husband share in property belonging to his mother. If you have given your share in family property whether any document has been executed by you? If your husband relatives want to file criminal complaint of cheating let them do so. as on date no legal notice has been issued. If and when complaint is filed defend case on merits.
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
- Execution under Arbitral Tribunal of Hon'ble High Cour
- Uncle giving us death threatening due to family dispute
- Land is in my father's brother's name can I claim the same?
- Can an unregistered settlement deed be challenged in court
- Can a tenant force landlord to repair the tenanted property ?