Claiming property which is in by the deceased sister to her husband
30-Jun-2023 (In Property Law)
hi, My mom and my sister are the owner of the1 property (shop) 2years before my sister past away ans she had one baby also which is now 2.5years old. In the legal paper the first name is mentioned by my mom and the other is my sis and this property was taken before my sister marriage and her name on legal paper was also before marriage name only. After sometime of sister's death we went to the society office to claim the property name of my mom but society is asking for Non objection certificate of my JIJa and which he is denying to give. And now we came to know my sister secretly put nomination of society in the name of my Jija with mention of 100% owner and there no signature of my mom in the nomination paper. The society is not allowing us to put the property in the name of my mom. Just to inform you the shop was taken by dad only no contribution was there from my Sister or from her husband. We want claim the property in the name of my mom. Please advice what to do now.
As per Information clients,
As per Hindu Succession Act, Husband don't have share in wife's property if wife has legal hiers in the side of her mother or wife has own child.
So after the read your facts of the case, your Mother and Your sister's child both has equal or share according to the sale deed has mentioned the share.but ur sister's husband can't claim any share in the Property now.
As per Hindu Succession Act, Husband don't have share in wife's property if wife has legal hiers in the side of her mother or wife has own child.
So after the read your facts of the case, your Mother and Your sister's child both has equal or share according to the sale deed has mentioned the share.but ur sister's husband can't claim any share in the Property now.
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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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