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Right of mother in the property of deceased son
14-Aug-2023 (In Property Law)
me and my husband have jointly purchased a flat unfortunately my husband has passed away after 5 years of marriage before 9 months now I have all papers including purchase agreement share certificate and NOC letter of GIC ( where previously it was Loan taking Now all repaid ) and I have applied for whole membership with my 2 girl children in society but My father in law and mother in law objection under Hindu succession act 1956 that mother in law is 1/4 share . Plz reply can they objection for do not a full transfer of shares to me in society membership
The property is of fully private nature which purchase and owned by you and your husband . Your in-laws has no any right in such property. There is no such provision in Hindu succession Act 1956 unless that have a proper evidence of financial help provided to you in repaying the loan on said property after sad demise of your husband.
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Adv. Sanjay Nana Ranpise
Mumbai | 25+ Answers
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you and your husband have equal right in said flat. your mother in law can claim in share of your husband. she have equal share in the property of son. your mother in law, your daughters and you have equal share in the half share of your husband.
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Adv. Ketan S Jadhav
Pune | 25+ Answers
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Dear Client,
As per law Class Ist Heirs are :Son, Daughter, Widow, Mother, etc. hence mother in law will have 1/4 share in the property of son.
It would be advisable if you can reach out to any of the impaneled advocate of lawrato. while going for the consultation do carry all your supportive documents so that proper and precise advise can be given.
Regards,
EXPERT JURIST LLP.
As per law Class Ist Heirs are :Son, Daughter, Widow, Mother, etc. hence mother in law will have 1/4 share in the property of son.
It would be advisable if you can reach out to any of the impaneled advocate of lawrato. while going for the consultation do carry all your supportive documents so that proper and precise advise can be given.
Regards,
EXPERT JURIST LLP.
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Adv. JV Bhosale
Mumbai | 400+ Answers
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This is my response to you:
1. Technically speaking your mother in law has an 1/4th share in the property;
2. You will need to get her NOC then only the property can be wholly transferred to you;
3. You can also pay her some nominal amount and buy out her share;
4. Consult a local lawyer and sort it out.
1. Technically speaking your mother in law has an 1/4th share in the property;
2. You will need to get her NOC then only the property can be wholly transferred to you;
3. You can also pay her some nominal amount and buy out her share;
4. Consult a local lawyer and sort it out.
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Adv. Gowaal Padavi
Mumbai | 500+ 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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