Right of my husband’s property
Querist :
Anonymous
(Querist) 23 November 2011
This query is : Resolved
Me and my husband are the joint owner of our house which we took on loan. We also have a joint account where we used to keep our savings. We don’t have any children. My husband passed away on Aug this year. He didn’t leave any Will. Now his parents are mad after our house and our savings that we did jointly. His father is a retired govt officer who has enough property and now getting pension too. My husband was the only son and he has three sister. One of them is married. My husband also has few insurances where I am the nominee and few insurances where his father is the nominee. He also has few other bank account where there is no Nominee. Can you please tell my right on his and his father’s property?
M.Sheik Mohammed Ali
(Expert) 23 November 2011
yes, surely you will get rights in all property which are having your husband shares.
Querist :
Anonymous
(Querist) 23 November 2011
My questions are -
1. can his parents take anything from our joint account,joint property, insurances where I am the nominee?
2. what will be my legal right on the insurances where his father is the nominee?
3. Can i also claim the share from his father's property?
Thanks,
NK
M/s. Y-not legal services
(Expert) 23 November 2011
Your husband's parents can't claim any share from your share out of your joint name property. But the mother is entitled to claim share from her deceased son's share. If there is no will or any other arrangements..
M/s. Y-not legal services
(Expert) 23 November 2011
Usually a hindu husband died without any will mean, his widow wife, childrens and his mother are class-1 legal heirs. So right now you and your mother in law entitled to claim half of the share about your husband's all properties. If your father in law appointed as nominee also he can't deny your share which is your husband's share. NOMINEES CAN'T BE THE OWNER OF THE ASSETS.
Sankaranarayanan
(Expert) 23 November 2011
well explanation given by mr tom and sheik. i do agreed with their answer
Querist :
Anonymous
(Querist) 23 November 2011
I dodnt want to go through all court related things. So I talked to my in laws and asked them to take the insurances which are in thier name and not to interfare in the matter of our house/joint account.
So there is a chance that they can come through court for the house. As the house will have my maximum share, how it can be settled?
Sankaranarayanan
(Expert) 23 November 2011
IF you feel the mother in law may give trouble then you explained amicably and solve the prob . if they are not accepted then only way to solve it by court
Querist :
Anonymous
(Querist) 23 November 2011
If I go out of India after the joint house registration is transferred to my name, can they come by court for that? The house is in a complex where security is also there. I am thinking to lock the house. I am too depressed and tired to run for all these things now.
M/s. Y-not legal services
(Expert) 23 November 2011
We gave a common opinion. If you need any more clarification mean, just consult your near by local advocate according to your financial status. Its not an issue which will solve by giving opinions only. Have to proceed as per law. So just do it in time, and avoid unwanted circumstances.
Raj Kumar Makkad
(Expert) 24 November 2011
I do agree with detailed and relevant advice of tom. A written settlement is mandatory to end all future disputes with your mother in law. You may take help of legal Services Authority which can enter and pass a decree of settlement within a day in court premises as per your understanding and it shall definitely end to your all problems related to the property left by your husband.
Querist :
Anonymous
(Querist) 25 November 2011
I dont have much knowledge on laws. But I checked the law on the joint ownership of a property. As per Section 44 of the Transfer of Property Act, 1882, the ownership of a property with "Tenancy by the Entirety" or "Joint Property" provides the right of survivorship. Upon the death of one joint tenant, his/her interest
immediately passes to the surviving joint tenant. you can get it in details in http://legalserviceindia.com/articles/plaw.htm.
I got many article on this law. As per the same, when survivor is there, even the legal hier doesnt get right to that property.
If this is true, our home that we bought joinltly and the joint account should automatically transfer to my name on producing the death certificate.
youe view?
