Trupti Patole 23 May 2022

I lost my husband and my in laws deny my right in his property

Hello,

I lost my husband last year and my daughter is 4 yrs old. He owned a flat which is self acquired property. My in laws had already claimed and money realized in their account for his piece of land worth Rs.6.88 lakh, his car sold and got 1.51 lakh, his two smart phones, his old two wheeler. where in I never asked for my right. Now they want me to give sign on relinquishment deed. My father in law is claiming that he has helped more than half amount in purchasing this flat and he can produce documents too.

My husband had nominated me for his deposits of 20 lakhs, which bank has been given to me.

Now my father in law is claiming that as a parents of their son we also became the legal heir and we will share everything 50-50 so you give sign on relinquishment deed and don't claim for it.

Kindly guide me how can i claim at least this flat owned by and self acquired by my husband. His mother is nominee for this flat.

Thank you.

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2 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 23 May 2022

Hello,

Mother is also the legal heir to your husband so she will have an equal share in the property along with you and your daughter. So even if we presume that your husband has bought the flat out of his own earnings still mother will have a share in the flat. You cannot claim the whole flat in your name.

Trupti Patole 23 May 2022

Thank you very much for your reply.

My father in law is insisting me to give sign on relinquishment deed. so that it will be on ther names.

i don't mind sharing this property equally with mother.

What will be the consequences if my father in law goes to court and proves that he had helped my husband in purchasing this flat and that was more than 50% the amount what my husband given from his earnings.

Kindly clarify.