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Transfer of property & preparing will for joint property with husband
04-Sep-2023 (In Property Law)
I am a hindu widow girl.I and my husband purchased house jointly and having 50:50 share mentioned in the registry. My husband died and 50% of his share is to be divided between me and my mother-in-law as i have no child. But my mother-in-law is not agree to transfer the paper on my name even i am agreeing to her 25% share. Now, my property paper is still on my name ad my husband's name.Can i make my will with mentioning 75% of my share and Will I have right in my father-in-law property (not inherited but self-acquired)?
Before answering your querry, your have to mention certain facts about your current situation. The property is what, its a plot or flat, whether it cab be divived or it can only be sold so that every purchaser may get theit share
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Adv. Manoj Kumar
Delhi | 200+ Answers
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Madam, you can file a suit for partition in so far as your share in your husbands property is concerned. Even otherwise you may execute a will to the extent of your share in your husbands property. In so far as your father in laws property is concerned you will enjoy a right therein to the extent of your husbands share if the former died intestate
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Adv. Rajat Joseph
Delhi | 200+ Answers
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As mentioned in the Hindu succession act yes the share of your husband will be divided into two and you will be owning 75% of the property. For this you should first get a succession certificate and then you can make your will.
This will lead to strong paper work which couldn't be challenged
This will lead to strong paper work which couldn't be challenged
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Adv. Ruchit Dugar
Delhi | 25+ Answers
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You are entitled for 75% of share of the said property, 50% by way of joint ownership and 25% by survivorship. But for 25% you have to file a partition suit against your mother in law and after getting a decree in your favour, you can make a will in anyone's favour in respect of 75% of share.
Your father in law property is also govern by survivorship, but you are not entitled for that property because that is not actually transferred in favour of your deceased husband and you can't file a partition suit in that property because it is self acquired property of your father in law. However after the death of your mother in law , the property of your father in law will automatically come to you if there is no other legal heir . Revert me. All the best.
Your father in law property is also govern by survivorship, but you are not entitled for that property because that is not actually transferred in favour of your deceased husband and you can't file a partition suit in that property because it is self acquired property of your father in law. However after the death of your mother in law , the property of your father in law will automatically come to you if there is no other legal heir . Revert me. All the best.
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Adv. Atul Patni
Delhi | 200+ Answers
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Yes if your father in law has not exected any Will then you can make Will of 75%.however it would be better to examine the property documents before advising properly.for any clarification and or legal help you may contact me on phone through this website if you so desire.
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Adv. S P Srivastava
Delhi | 200+ 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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