property law and inheretance
MC Sachdev
(Querist) 25 May 2009
This query is : Resolved
A childless widow passes away. Prior to her husband's death his mother i.e. her widow mother-in-law used to reside with them ,and after her husband's death such circumstances were created as a result of which her mother-in-law had to move out and she moved in her widower father. The flat they were staying-in was purchased by the deceased husband and she, where-in two small studio apartments were merged into one flat.Each of these studio apartments were individually purchased by the husband and the wife respectively, the husband also utilised his brother's funds for purchasing the said merged flat. the husband's death took place about a decade back and like a true indian the husband's family did not interfere in affairs. Now after the lady's death her paternal family has taken over her entire property and other assests saying that she has made a Will in her father's favour , they are not communicating and are not showing the Will. Could the widow have willed her husband' property and assests entirely to her parents . What should the old mother-in-law do and also the husband's brother do who had helped to purchase the two studio apartments which were merged into one flat. Can anyone take up the case , the said property is in Mumbai and the widowed mother-in-law are residing at Pune
Guest
(Expert) 26 May 2009
Presuming the religion as Hindu, my submissions are :-
After the death of a childless hindu person, his property rights devolves on his parents., hence, the deceased's mother and his brother can very well demand their rights in his share of property.
MC Sachdev
(Querist) 26 May 2009
thanks for your reply, kindly note that i have also mentioned that as per the statements of the deceased childless woman's(widow) parents she has willed all her assests to her father ,including part of the property purchased by her deceased husband. Is such a WILL valid by law. The deceased widow's parents are presently in possession of her assests.
MC Sachdev
(Querist) 26 May 2009
the statement may pleasr be read carefully
Guest
(Expert) 26 May 2009
As you have said that they have not shown the will, I have left that one. Even if the 'will' is made, one can not get their unauthorised share through any kind of deed. In this case, the declaration suit can be filed for such portion of the property. The 'will' is invalid. (Refer Section 8 of the Hindu Succession Act 1956 for 'General rules of succession in case of males' (dying intestate or made an invalid will).
