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Rubin Splendid   10 August 2024

Property issue

This is about my sister who got married 15 years back, her in-laws had a property where they need to distribute among their 3 sons. They also have a house, where they live and 3 plots where it will be distributed among 3 sons.

The most younger one is my brother in law.

 

So by the time my sister got married, 2 elder brothers got married and they got their share of plot from their father's property.

After couple of years, her father-in-law passed away, and the left over property got transferred to her mother-in-law.
This wasnt informed to my brother in law.

After asking her mother-in-law again and again his 2 elder brother and mother had a family discussion and agreed that the entire left over property(Plot and Home) will be transferrred to my brother in law's name on the condition of taking care of his mother at home. 

Initial discussion was a verbal agreement. However, they also promised that his mother will write a will on his name.

So they(My brother-in-law and my sister) agreed and he left his saudia Arabia job and stayed back with his mother.
After couple of months passed by the clashes between my sister and her mother-in-law started increasing. But it wasnt intentional but someone put a fight between them and it started increasing day by day.

So my brother-in-law left this and went back to saudia arabia for a new job.

8 Years passed, my brother-in-law passed away in May 2024 due to cardiac arrest. Now my sister is left out without any property behind and 3 childrens.

Even today they are saying that if my sister takes care of her mother-in-law she will get the property.
Now my sister doesnt have patience to listen to it and saying that atleast transfer the plot to her name so that she can take care of her children with that money.

The issue is still going on but we couldnt come up with any solution for this.

Can someone help us with a legal procedure to get this sorted out. Please..



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     10 August 2024

Your sister is entitled to her deceased husband's share in the family property hence she can file a suit for partition and she need not beg them, she can get court order after which they cannot dispute the court order.

1 Like

Advocate Bhartesh goyal (advocate)     10 August 2024

Your sister should file suit for partition of properties  left by her father in law for share of her deceased husband  and not trust the assurances given by her relatives. 

 

 

 

P. Venu (Advocate)     10 August 2024

The property that had been conveyed to the elder brothers during the lifetime of the father is their absolute property.

The property left with the father at the time of his demise is jointly vested with the mother and all the sons, not with the mother alone. 

The reported verbal agreement to transfer the property to the youngest brother (your brother-in-law) entailed that the mother and the elder brother should have executed and registered the relinquishment deed. The reliquishment deed not executed and the brother-in-law having expired, the property is jointed vested with the mother, the elder brothers and the legal heirs of the deceased younger brother (i.e. the mother, your sister and her children).

Your sister has  the option to file a suit for partition. However, it may not be wise to rush to the Court with suit for partition as the mother would be entitled for an additonal share being the legal heir to the deceased son.

Dr. J C Vashista (Advocate )     11 August 2024

Your brother in-law got the property (which property out of 4 properties is not mentioned)?

Whether the properties in the hands of your father are his self-acquired or ancestral ?

Is there any will executed by your father in favour of your mother ?

Your brother in-law died in May 2024 or 8 years back as mentioned by you?

 There are many inconsistancies in the facts posted, which make it confusing and vague.

 


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