Daughter in law & her children rights in mother in laws prop
Vaseem Ahmed
(Querist) 16 August 2017
This query is : Resolved
Hi
With the Malafide Intention my real sister's mother in law has excluded her son ( my Jija Ji ) from her property, My sister has one son and two daughters, My Jija Ji also supports his mother, Property purchased by my sisters father;s in law ( expired) in the name his wife from the day one, they always harassed to my sister and tried to convince to leave the matrimonial house, currently the family is living in staff quarter provided by the company and property situated in another location
Marriage is completed 18 years
Family details:-
My Jija Ji has one brother (married) no children
2 sister unmarried
1 sister married ( divorce)
1 sister married ( one child)
Pls advice how can my sister can protect her rights
Ms.Usha Kapoor
(Expert) 17 August 2017
If the property is in mother in law's name your sister don't have any rights over that property. Her MIL has FULL RiGFHTS OF OWNERSHIP OVER That property. and she can do whatever she pleases with that property.
Vaseem Ahmed
(Querist) 17 August 2017
Dear Team
Thanks for your reply
What is MIL
Vaseem
Ms.Usha Kapoor
(Expert) 17 August 2017
MIL means Mother in law. If you appreciate my answer please click the like button.
Rajendra K Goyal
(Expert) 17 August 2017
You have not mentioned whether how she has excluded your jijaji from property (gift, will, sale or any other method)?
Whether she is alive?
whether to which religion she belongs?
It seems she is Mohammdon, It would be better to discuss with some local lawyer expert in Muslim personal law.
If Hindu,and if the property is in her name she can sell / gift / mortgage / bequeath a will for her property in favor of any one, no one can object.
Vaseem Ahmed
(Querist) 18 August 2017
Dear Sir
she excluded only through issue and sign on affidavit
she is alive
she is Sunni Muslim
Ms.Usha Kapoor
(Expert) 18 August 2017
If she is a sunni Muslim 1/3 rd of property through will go to charities and th e remaining 2/3rd will be distributed among legal heirs including your brother.in law.
Vaseem Ahmed
(Querist) 18 August 2017
Dear Madam
Thanks for your prompt response
2/3rd will be distributed among the children and It doesn't matter whether she evicted my brother in law from the property
Vaseem
Ms.Usha Kapoor
(Expert) 18 August 2017
The correct distribution of properties will be MIL will receive 1`/6th. remaining 5'/6th will be divided among her 6 children. Of them brothers take double the share of their sisters. So reaming 5/6 will be so divided that 2 brothers take 1/3rrd each and the 4 sisters take 1/2 the share of their brothers so they take 1/24 th each.
So 1/6+1/3+1/3+1/24+1/24+1/24=1/24=1 so Tell your BIL to go to court and fight t his case to claim hi share of 1/3rd..If you appreciate this answer please click like button.Calculation i s100% correct.
Vaseem Ahmed
(Querist) 28 August 2017
Dear Team
Can anyone prefix before his name Advocate if he clears the LL.B and doesn't registered in Delhi Bar Council (belongs to Delhi) presently he is in a job not related with Law
Guest
(Expert) 28 August 2017
Mr. Vaseem Ahmed,
Your last question does not have even any remote link with your query about property law. You could have posted the latest query in some independent thread.
However, as of reply, if not practising law in a court of law by registering in bar council, you cannot prefix "Advocate' before you name.
Rajendra K Goyal
(Expert) 28 August 2017
One has to be registered with any State Bar council to use Advocate with his name.
