Can mother in law stay in a property owned by daughter in law

565 votes

Dear Sir,

The mother should claim a right in the property by initiating appropriate proceedings. It would be important to know as to how did the sister in law transferred the property in her name during the lifetime of your brother.

Thanks & Regards

Advocate Dheeraj Gupta LawRato

881 votes

When she got transferred in her name did you oppose that? Which year it was done by her and on what basis? Is there a Will of your mother bequeath ing the same in favour of your sister in law? All these are important to know to answer your question.

Advocate S P Srivastava LawRato

857 votes

Sir, this is with reference to the legal query sought. Yes you can but it depends upon the circumstances and the documents by which deceased brother transferred the property in his wife's name. Several factors need to be considered such as whether the property was self acquired or ancestral. In my opinion, I would like to go through all the documents in order to give a proper advise. Regards, Aakriti Jain

Advocate Aakriti Jain LawRato

690 votes

The flat was in fathers name so therefore the mutation should come in name of mother and you even if brother has expired as it would have been self acquired property of your father I'm sure.Therefore you been one of the legal heirs how she can get it transferred in her name.Anuways yes it can be challenged right away after knowing the documents used for transactions we can start by issuing her a instant legal notice and then filing suit of possession/Declaration,Title along with damages and Mesne profits .You can also go ahead and file a criminal complaint against her and get FIR registered through court please contact for further details thanks.

Advocate Nishant Solanki LawRato

971 votes

How was the flat got transferred and when was the same done. Subject to furnishing more information from your end the remedies may be explored. If The transfer was a result of fraud forgery etc.? All this information is relevant to answer the query.

Advocate Aditi Gupta LawRato