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Query related to mother’s legal rights on deceased sons property
14-Jun-2026 (In Property Law)
My mother in law is in discussion with my cosister for a settlement post my brother in laws demise. No will. His apartment is co owned along with his wife. There was 38 L loan amount outstanding when he died. His wife paid remaining loan from the insurance amount she received from his office & closed loan. Now she is asking one third of that loan amount to be paid by my mother in law before receiving the settlement amount and signing the property transfer. Is my MIL liable to pay that amount?
Upon the intestate (meaning, without leaving a Will) death of your brother in law, his estate automatically devolved equally on his mother, his wife and children (if any). Each shall be entitled to an equal undivided share. In your case, as your mother-in-law also is entitled to an undivided share, and as your sister-in-law had closed the loan amount out of her own sources, it is only fair on her part to ask for contribution from your mother-in-law before paying her her share of the settlement amount.
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Adv. Swaminathan Neelakantan
Coimbatore | 700+ Answers
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The answer depends on the ownership structure of the flat and the source from which the loan was repaid. If the outstanding housing loan was discharged entirely from the deceased's insurance benefits or employer-provided death benefits payable to his widow, and not from the widow's independent funds, then such payment would generally be treated as having been made from the estate/benefits of the deceased. In that case, your mother-in-law cannot automatically be made liable to reimburse one-third of the loan amount unless there is a legal basis or mutual agreement.
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Adv. Hemalatha Narayanan
Chennai | 100+ Answers
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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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