Right on deceased unmarried brother's property
Padmalatha
(Querist) 06 August 2015
This query is : Resolved
My father-in-law registered a house in the name of his two sons in 2010. He has two sons and two daughters. Both daughters got married. First son is married. In 2013, the second son expired due to sun stroke. Now, who is the next legal heir to get the property of the deceased unmarried person?
My father-in-law got the house from his mother and he is the only son. It is not self earned.
My husband took many loans for sisters marriage to save the house and he took all the responsibility solely in the family. What should we do to get the total house in my husband's name?
Kumar Doab
(Expert) 06 August 2015
How did the Father in Law got the house from his mother say by WILL or registered GIFT deed etc?
If Father in Law has registered the house in the name of two sons then name of Father in Law should have been in mutation and revenue records as owner.
What is personal faith of Father in Law e.g. Hindu?
Padmalatha
(Querist) 06 August 2015
A registered adoption papers are there. In that it is written that the entire property belongs to the only adopted son(father-in-law) with all rights. Registration done in 1945.
Yes, till today as per municipal records, my father-in-law name is visible in municipal tax, current bills and ration card.
Kumar Doab
(Expert) 06 August 2015
You should reply to all points!
What is personal faith of Father in Law e.g. Hindu?
If Father in Law was the owner on the house and got the ownership by valid legal papers and means including inheritance then only he should have succeeded to register the house in the name of two sons.
The father in law thru registered adoption and being only child might have become only surviving successor/heir.
The status of inherited property should be self acquired.
After registration both sons had 50% share.
If the deceased son was Hindu and has not left any WILL and was not married/had no children/wife and no surviving mother then his share shall devolve upon ClassII legal heirs.
In such case your husband may not succeed to get the whole house in his name.
The only way seems to be that all ClassII legal heirs should agree to relinquish their rights in favor of your husband thru a registered deed.
You may better show all documents on record to an able lawyer dealing in family/property/revenue/civil matters.
Anirudh
(Expert) 06 August 2015
As the second son was a bachelor, upon his death, his 50% share will go to his mother (in case she is alive).
Else, it will go to his father (i.e. your father-in-law) being a Class-II heir. (Assuming your father-in-law is alive).
Only when your father-in-law is not alive, then, it will go equally to his brother and sister(s).
Kumar Doab
(Expert) 06 August 2015
It is believed that deceased son (owner of 50% share) was Hindu.
You have posted that:
"My father-in-law registered a house in the name of his two sons in 2010................He has two sons and two daughters. Both daughters got married. First son is married. In 2013, the second son expired due to sun stroke. Now, who is the next legal heir to get the property of the deceased unmarried person?"
As per your post the property is registered in the name of 2 Sons.
After registration both sons had 50% share.
If the deceased son was Hindu and has not left any WILL and was not married/had no children/wife and no surviving mother then his share shall devolve upon ClassII legal heirs.
In such case your husband may not succeed to get the whole house in his name.
The only way seems to be that all ClassII legal heirs of deceased son, should agree to relinquish their rights in favor of your husband thru a registered deed.
You may better show all documents on record to an able lawyer dealing in family/property/revenue/civil matters.
Padmalatha
(Querist) 07 August 2015
We all are Hindus. Mother is not alive. Father-in-law is alive. The deceased son has not left any will.
Padmalatha
(Querist) 07 August 2015
What need to be done to get the house in the name of the existing son?
Kumar Doab
(Expert) 07 August 2015
Mr. Anirudh has modified his post. You may go thru it.
It has already been posted that:
"The only way seems to be that all ClassII legal heirs of deceased son, should agree to relinquish their rights in favor of your husband thru a registered deed.
You may better show all documents on record to an able lawyer dealing in family/property/revenue/civil matters."
Guest
(Expert) 07 August 2015
Dear Author,Err is Human.In LCI Threads Modifying will not be the Right Way and it is Always Better to Post the Corrected Ones Seperately .
Padmalatha
(Querist) 07 August 2015
In my case who will comes under class-2 legal heirs?
Kumar Doab
(Expert) 07 August 2015
It has also, been, already answered.
It is reiterated that:"You may better show all documents on record to an able lawyer dealing in family/property/revenue/civil matters."
The lawyer that has examined all docs on record can advise you the best.
This is last reply from my side in this thread.
Padmalatha
(Querist) 07 August 2015
One another issue I want to know. My father bought a flat in the name of both (mother and father). Later my mother expired. I am the only child (daughter) to my parents. Who will be the legal heir for this property. My father wants to marry a widow with a son. What are the rights they get on this property. Can my father gives this property to anybody other than his daughter. We all are Hindus. He is 65 years old. Retired govt. employee.
Guest
(Expert) 07 August 2015
Irrespective of other things Legally your father is already 50% owner of the Property and in Mother's share of 50% your self and your Father would share equally.New Comers Can not have any Claim in your Mother's Rights.You will have 25% rights in your Parents Flat. Also Verify whether your Mother had left any Will and better sort it out amicably with your father before things could go out of your limits.
Rajendra K Goyal
(Expert) 08 August 2015
You have a claim of 25% share from the property of your mother. If your father will / gift / sell his share during his life time his share would be treated accordingly.
