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Right on father's property after his death
12-May-2023 (In Property Law)
My father in law owned a flat self acquired in a co operative housing society. He died in 1999, survived by a wife, son DOB 1971 ( my husband married in 2000 and we have a ten year old daughter) and daughter ( DOB 1978 ) The flat was transferred in my mother in law's name and freehold for the same was taken. My MIL has been refusing to live with any of her children in the same house. Do my husband, sister in law, or, my daughter, or, I have any legal right to live in the flat.
Yes you, your husband, your sister i. Law have rights over the property as your father died intestate means without any will. If he executed any will in favour if your mother in law then you cud not claim any right but now u, your husband and sister in law can claim
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Adv. Manoj Kumar
Delhi | 200+ Answers
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Your father in law died intestate. It means he did not execute a will in anyone's favour. As per law the property will be devolve surviving sons , daughters, and the wife of the deceased. So in short, your husband can claim his right over the property. You have to approach to the civil court to avail your legal right. Revert me . All the best
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Adv. Atul Patni
Delhi | 200+ Answers
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If the property was specifically transferred in favour of your mother in law, then nobody except her holds right, title and interest in the party. If however, there has been no transfer and she is only occuying the property upon her husband's death..then your husband might have a right..consultation advised..
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Adv. Puneet Kumar Agarwal
Delhi | 100+ Answers
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