Right in property

AJAY SRIVASTVA (Querist) 22 February 2012 This query is : Resolved
i am a widow lady my husband expired six years ago, after that we had family settlement with my in laws ( father, mother both) that i received a amount agaist that i will have no rights in any property of both.
but on e shop was registered in the name of jointly my husband & mother in law,now do i have any right regarding that property as i am legal heir of my husband,question is only about the shop

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M.Sheik Mohammed Ali (Expert) 22 February 2012
when you had family settlement was agreed to ask any other share dont ask you, if not or not signed than you can claim share from the that part.

Ghanshyam Prasad (Expert) 22 February 2012
you have 1/2 share in your husbands share in shop.you can claim.

Adv.R.P.Chugh (Expert) 22 February 2012
The Settlement Deed that you talk about - does not take effect if the same is not registered, as it relinquishes your interest in immoveable property greater in value than 100 (i presume).

However if the same is, in any case you are entitled to 1/2 of your husband's share in the shop

adv. rajeev ( rajoo ) (Expert) 22 February 2012
You are not only entittle to claim the share in the property of your deceased husband. Your sons and daughters also have got rights.
If you have executed any regd., documents to given up your rights mentioning the properties then you don't have any rights to claim your share. If not you can claim the share in the shop.

Guest (Expert) 22 February 2012
Agree with adv.rajeev advise .First you check the family settlement agreement.Is there any clause regarding the shop?

Rajeev Kumar (Expert) 22 February 2012
You have right of 1/2 share in shop

Raj Kumar Makkad (Expert) 22 February 2012
You have 1/4 share in the shop as the same is not part of the settlement you mentioned in the query. Your husband was having 1/2 share in the shop so after his demise its 1/2 share (means 1/4 of total) shall go in favour of your mother in law and rest 1/4 share in favour of you and your children in equal shares.

Shonee Kapoor (Expert) 24 February 2012
I agree that in shop you have 1/4th share.

The complete agreement can be challanged if it is not registered or your consent was obtained by fraud/ coercion.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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