Inheritance of husband's property
Querist :
Anonymous
(Querist) 18 February 2010
This query is : Resolved
Dear Mr. Makkad & Others,
My husband died in an accident last year. He bought a flat in 2007 whose registration was not done. He took a loan . Now the bank wants to waive off the loan after verification of all documents and it has wanted signatures of legal heirs. I learnt that my mother-in-law is also a legal heir ( along with me & my 2 minor daughters) and she has 1/4th share in the flat and in her absence that 1/4 part will be divided into 6 parts ( me, 2 daughters & my 3 sisters-in-law) . My mother-in-law & my sisters-in law have tortured me mentally since the last 10 years & after my husband's death staying with them has become unbearable. THey are constantly accusing me of my husband's death in front of my children. I cannot live in the new flat as it is in an upcoming locality with much transport difficulties.I have looked after the maintenence of the flat & paying fees since the last 1 year. My father-in-law owns a flat and in his absence it will pass on to my mother-in-law and he also draws a pension. I had requested my mother-in-law to write her share in my husband's new flat in our daughter's name and in return I agreed to pay her either 1/4 amount of value of flat or in return of my share in my father-inlaw's flat. She has refused to do so at the insistence of my sisters-in-law.
I would be grateful if the following questions are answered:
1. Does the law bring justice by giving away part of my husband's hard-earned money to his well-off and married sisters and who have always misbehaved with us?
2. Is there any legal way in which I can get the flat in my & my daughter's name ? My sisters-in-law will trouble me so that I cannt sell it in future if need arises. I am not working & 2 of my sisters-in-law who are in India are working and the 3rd one is in USA for the last 10years.
3.whether in my mother-in-law's absence my sisters-in-law will inherit her share of our flat.
4.if I keep the flat unregistered till my mother-in-law's death & register it after her death will my sisters-in-law come into the picture?
Regards,
Raj Kumar Makkad
(Expert) 18 February 2010
1. Your sister-in-laws have nothing to do with the property left by your husband. your mother-in-law is co-sharer of 1/4th share but she cannot insist you to vacate her share from you as she shall have to go for its partition and possession in civil court and till the decision, you are free to use the entire portion without any hesitation.
2. If your mother in law is convinced only then entire flat can be duly owned by you but even then you have no problem. If any need arises to dispose off the entire flat then make sale of your 1/4 share and after obtaining the permission from civil court also sale 1/2 share of both your minor daughters and provide possession of entire flat in favour of purchaser.
3. Not in absence but after her death,all her legal heirs shall inherit her share in proportion including you and both your daughters.
4. The reply has already been given in sr. no. 3 above.
Parveen Kr. Aggarwal
(Expert) 18 February 2010
1. The provisions of law does not treat differently on the ground of good or bad behaviour of legal heirs of a deceased person. On death of a male Hindu, his Class I heirs inherit his properties in equal shares.
2. In case you intend to sell the flat, you must keep the provision of section 22 of the Hindu Succession Act, 1956 in mind. "22. Preferential right to acquire property in certain cases. - (1) Where, after the commencement of this Act, interest in any immovable property of an intestate, or in any business carried on by him or her, whether solely or in conjunction with others, devolve upon two or more heirs specified in class 1 of the Schedule, and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have a preferential right to acquire the interest proposed to be transferred.
(2) The consideration for which any interest in the property of the deceased may be transferred under this section shall, in the absence of any agreement between the parties, be determined by the Court on application being made to it in this behalf, and if any person proposing to acquire the interest is not willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of or incident to the application.
(3) If there are two or more heirs specified in class 1 of the Schedule proposing to acquire any interest under this section, that heir who offers the highest consideration for the transfer shall be preferred.
Explanation.- In this section, a "court" means the court within the limits of whose jurisdiction the immovable property is situate or the business is carried on, and includes any other court which the State Government may, by notification in the Official Gazette, specify in this behalf."
3. Yes. After the death of your mother-in-law, your sisters-in-law would inherit her properties in equal shares being her Class I heirs.
4. Yes. Even if you get the deed of transfer registered after the death of your mother-in-law, your sisters-in-law will still have the same right.
