Inheritence of property
MC Sachdev
(Querist) 22 June 2014
This query is : Resolved
My brother and his wife are no more and did not have any children and were residents of Mumbai.During their lifetime they purchased two adjacent studio apartments in a housing Society in Borivali from a builder directly and converted into one flat.One studio apartment was on my brother's name and the other was on his wife's name .My brother and I also opened a joint account and I put some money in the account to help my brother to purchase the said property.My brother died soon after the purchase and my mother in the house to help his widow.Later,she was replaced by my brother's widow by her father.We did not raise any issue so that my brother's widow life remains comfortable and to maintain family harmony. About four year's back she too died (my brother's widow).Her father/her brothers /sister/nephews have taken over all her and my brother's property ,they state the their daughter(my brother's widow ) has willed all the property to her father and her father on being approached several times refuses to show her WILL or discuss the property details.The property includes real estate,bank accounts,car,family jewellery ,terminal proceeds from the Company she worked for,etc.We have no knowledge and hold no papers of the belongings of my late brother and his wife,everything is held by her father.Suitable advice on the subject and the services of a professional are welcome,kindly communicate.My mother is 97 years old and is still living,,however she is unable to communicate due to dementia and ill-health.We are at Pune..Regards
Lawyer SALEEMA KABEER
(Expert) 22 June 2014
If your side is able to prove that there is no such will as alleged by the other side or the alleged will is not proved under section 68 of Evidence Act, then, your mother is entitled for the said property as per the Hindu law.
Note that, even otherwise, your mother is entitled for her share over the property as the legal heir of your deceased brother.
Advocate Ravinder
(Expert) 22 June 2014
---You have not mentioned your religion. Assuming that you are Hindus, as far as your brother’s wife property is concerned, you will not get share. It will go to the legal heirs of your brother’s wife.
In the property of your brother, your mother will be the legal heir of your brother under Class-I heirs. You do not get anything as your mother is alive.
Rajendra K Goyal
(Expert) 22 June 2014
Agree with the advise of expert Ravinder .P Sir.
MC Sachdev
(Querist) 23 June 2014
Firstly ,Who can be the legal heirs of my late brother's late wife in absence of children,does it include mother-in-law.Secondly ,if one studio apartment bought on my brother's name out of our family funds, can it be willed by his wife to her father.Thirdly, how can the father of my late brother's late wife be compelled to produce her will for scuritiny.I would welcome paying for the services of a legal help in this matter any references in this regard are most welcome.We are all Hindus
ajay sethi
(Expert) 23 June 2014
what happened to studio apartment on your brother death ? was it transferred in his wife name by society? did your mother execute any relinquishment deed?
ajay sethi
(Expert) 23 June 2014
your mother is suffering from dementia . she cannot take any legal proceedings . you have to apply to court to be appointed as her guardian
Kumar Doab
(Expert) 23 June 2014
You have confirmed that the deceased were Hindu.
>>> One studio Apartment in the Name of Deceased Brother:
ClassI legal Heir are : Widow, Mother………………………….The widow was present at the time succession opened due to death of Brother.
You have added a legal tangle that the funds to purchase the Flat were obtained from joint a/c you had opened with your deceased brother, probably with an intention to stake a claim on Flat that was registered in the name of deceased brother.
>>> One studio Apartment in the Name of Deceased Brother’s wife.
You have posted that she was working woman and earning. You should be able to determine the funds to purchase the flat were self earned or were obtained from her husband (your deceased brother) or from her parents………………..or in other words the property came from whom: self earned/from her husband/from her parents……………….
As per Hindu Succession laws the succession to the estate in case of married woman dying without leaving a WILL is well defined…………………and accordingly the right of successors shall be determined.
---1. Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
2. Secondly, upon the heirs of the husband ;
3. Thirdly, upon the mother and father;
4. Fourthly, upon the heirs of the father; and
5. Lastly, upon the heirs of the mother .
---• If the women has acquired any property from his Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters
• If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband , in case of absence of his sons or daughters
The Parents of the deceased woman (your brother’s wife) have added a legal tangle by claiming that a WILL was left by her………………………….
This WILL has to be produced in Evidence.
>>> The nomination in society is for sake of convenience in dealing with day to day affairs and does not supersede rights of legal heir.
Under Section 30 of Maharashtra Co-operative Societies Act, 1960, upon death of a member of a society his/her shares are transferred to the nominee, but such transfer does not imply transfer of the property contained under the shares of the society. The nominee is merely a trustee for the deceased person’s estate.
Hence an application to the society be made accordingly.
Section 30 of the Maharashtra Co-operative Societies Act 1960 deals with the provision of transfer of interest which is as under :-
Section 30 (1) : On the death of a member of a Society, the society shall transfer the share or interest of the deceased member to a person or persons nominated in accordance with the rules. Society will have to transfer the shares in the name of the nominee, irrespective of any objection being raised by any other person unless and until the aid objections obtain relief in the normal court against the nominee and society.
>>> You should certainly approach a local lawyer well versed with local laws and show all docs on record and proceed under expert advice of the lawyer.
Biswanath Roy
(Expert) 24 June 2014
Your mother shall be the absolute owner of the property left by your deceased brother.
The property in the name of the deceased wife of your brother shall automatically devolve upon the heirs of her deceased husband according to Hindu Succession Act in absence of any Will or Codicil.
T. Kalaiselvan, Advocate
(Expert) 25 June 2014
The law of succession of intestate being very well explained by the experts above, it can be opined that mother being the legal heir of her son as well as well as the legal heir of the husband of the widow, she will be the only person to acquire/inherit the entire property in the absence of class I legal heirs of both the deceased persons died intestate. Since the mother is affected by dementia, with the permission of court get yourself appointed as her guardian and proceed with acquisition of the property by due process of law from the clutches of your brother's father in law.
