LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Joseph Selvaraj (Manager)     25 November 2009

Doughter's right to property

My father in law is the only son to his parents and ther is a property in the name of my father in law's mother. Now my father in law and his parents are no more. My mother in law is there. my wife has 2 sisters and one brother and all are married. My mother inlaw requested a release dead in my father in law's mother's property and all 4 ( 1 son and 3 doughters) signed the release dead in favour of my mother in law to enable her to get some loan etc to clear debts. This was 12 years ago.My father in law and mother in law are govt servents. She received all money of my father in law's retairement benifits after the release dead and clear those debits.Now that property converted in to apratment by joint developement and she (my mother in law) has a share as one flat in that aprtment. (past 4 years) My question.

1.Is my mother in law can execute a will about that propoerty to his son?(whole property)  In that case can my wife and her sisters (doughters) has any right to claim?

2.Is this property consider as ancestral property or my mother in law's own property because of the rlease dead?

3.As per the release dead she paid each 1 lakh but never paid.

4.We are christian family.

 



Learning

 4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     26 November 2009

As the property is ancestral so it cannot be willed out by your mother in law and only a family settlment duly executed in the proper court of law is the perfect solution in the given case under your personal law.

Poonam Upadhyay pathak (Advocate)     26 November 2009

Raj sir suggested u the correct direction

Joseph Selvaraj (Manager)     27 November 2009

I agree your view. But please note that all son and doughters signed a release dead in the neme of my mother in law in 1996. With that release dead my mother in law is planning to sell / will it to her son. ( her son also signed a release dead at that time). Please advise.

K. Rajendra Prakash (Advocate)     05 December 2009

Whether the release deed is registered?  Rajkumar Makkad's advice seems to be correct.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register