Legal procedure
krishna
(Querist) 12 September 2015
This query is : Resolved
My grand father-in-law purchased a lease hold property (House) in 1960’s at new Delhi. He died in 1985 without leaving any will. My grandfather-in-law left behind two sons & two daughters. In 1992 my father-in-law and his brother applied for mutation and conversion of property into freehold after obtaining NOC from their sisters and mother. Land & Development office converted the property into freehold and conversion deed was duly registered in their joint names. Now the property stand registered in the joint names of my father-in-law and his brother.
my husband and brothers in law running a general store in said Property.
My query:-
1.Is said property is a HUF property
1.What is my child's legal right in said property.
2. Since my child is their offspring what will happen to his share.
3 Is there any legal way to protect my child's right in that property.
4 Can I file any type of suit to ensure that my minor child's right in the said property is safe.
Advocate Kappil Cchandna
(Expert) 13 September 2015
Mam,
Now the property becomes the personal property of your father-in-law and his brother i.e. they become the 50% absolute owners of those properties.
Need to know under what circumstances the property was registered in their name?
Warm Regards
Kapil Chandna Advocate
9899011450
ADV-JEEVAN PATIL, MUMBAI
(Expert) 13 September 2015
1) yes
2)child or yourself entitle to share
3) partition suit
4) yes, for either
T. Kalaiselvan, Advocate
(Expert) 21 September 2015
1) The property will not come under the purview of HUF because there is no reason for that until it was specifically made.
2)Not only your child, even your husband has no right in his father's absolute property.
3) & 4) Not applicable
5) Not maintainable.
R.K Nanda
(Expert) 21 September 2015
no more to add.
