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Ashish Srivastava (Service)     07 August 2009

Daughters Right

Hi All,

My father-in-law expired on 17th of July and has a house in mumbai. My wife is nominee, nominated by both her father and step mother. Now her step mother is trying to sell the property. wanted to know if she can sell the property without my wife's consent and does my wife have any right on her fathers property. 

Thks

Ashish

  



Learning

 7 Replies

R.R. KRISHNAA (Legal Manager)     07 August 2009

Certainly your wife has the right over the property. If the step mother is trying to sell the property, your wife can file a suit for injunction and protect her rights.
1 Like

kranthi kiran (Works In Judicial Department)     07 August 2009

let us know, whether it is self acquired property of your father in law or not. If it is ancestral, your wife will derfinetly get a share in it. Though it is self acquired, if your faher in law died intestate with out writing a will, then also your wife is eligible for share. Regarding Nonminee, let us know, for what purpose she was appointed as nominee.

1 Like

Anil Agrawal (Retired)     07 August 2009

 Nominee for purposes of inheritence has no value. Read the position of the nominee in Supreme Court judgement in the case of Sarbati Devi Vs. Usha Devi (AIR 1984, SC-346). The sooner we get rid of this syndrome of nominee being owner/successor etc. the better. He is no more than a trustee. Apply for succession certificate, spend time and money and get your share. Send a legal notice to the housing society and the owner not to transfer/alienate the property without following the law. The sooner you do the better. The person in possession of the property may, with the connivance of the society, dispose of the property and squander away the money. In that case, even succession certificae won't help you.

thulasi (house wife)     09 August 2009

Respected Sir,

1.       In my family we are  two brothers and four sisters and we have one  house which was constructed by my father and two separate shops which  belonged to  my grand father.    Presently my father and grand father are no more and my mother does not seem to be  interested  in dividing the property.   accordingly my brothers are  not willing to share the property.  

2.      In view of the above, you are requested to kindly advice me what are the rights as a daughter I have and on what basis can I  send the legal notice to my brothers and mother.  

Anil Agrawal (Retired)     09 August 2009

 File for succession certificate to claim your shre.

G. ARAVINTHAN (Legal Consultant / Solicitor)     10 August 2009

How your wife came to be nominee of a house.? pls explain this

Better your wife can cue against her step mother, a suit for declaration and consequential injunction

Anil Agrawal (Retired)     10 August 2009

 Nominee can be anybody, even a non-relative.


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