Claiming the property
Dhanalakshmi
(Querist) 02 March 2011
This query is : Resolved
Respected Sir/Madam,
Hello All, I am Dhanalakshmi and my husband has committed suicide because of there parents regarding property clash. It has been only a year i got married and I own a baby. He owned a car but it is now transferred to his sister after his death it seems. So kindly clarify i can claim the car and their home (this is under his father name) through court? I can put a case on them and i will get justice? Please advise.
Sanjeevappa. L
(Expert) 02 March 2011
Before answering your question let me know the following things.
1. whether your father-in-law is alive or not
2. How the house property came into your father-in-law's name? I mean is it his self acquired or ancestral ?
3. what was your housband's profession.
4. how your husband had purchased the car. i mean from his earnings or from the joint family funds.
M.Sheik Mohammed Ali
(Expert) 02 March 2011
if your father in law having ancestral property you can claim, and the car has not in your husband name so not possible
Dhanalakshmi
(Querist) 02 March 2011
Hi Mr.Sanjeevappa,
Thank you for your consideration on this sir.
Here are the answers;
1.Father-in-law is alive.
2.We dont know exactly whether it is ancestral or self acquired.
3.Scientist in R&D.
4.Using bank loan and paid the EMI.
For your kind note, the car has been transferred after his death only that too in within 4 days.We now have legal heir certificate and all the other proofs.
Thanks.
Dayananda Gowda
(Expert) 04 March 2011
With the permission of Sanjeevappa,
you have to verify about the property is self acquired or ancestral. If the property is self acquired and your father-in-law is alive, you and your child not having any right to claim a share in the property. If he dies intestate you will be get your husband share.
If the property is ancestral you will be get a share of your husband.
It is clear that, from your husband having sufficient income and he has purchase the car in loan. you can claim back
Dhanalakshmi
(Querist) 04 March 2011
Ok sir. Thank you for your kind reply. pls clarify one more thing "How to get know whether the house is ancestral or self-acquired?" Even i gone to registrar office but they are helpless.
