flat to be distributed
Shinde
(Querist) 22 May 2013
This query is : Resolved
My father in law had bought flat some 45 years ago. After him the flat has been transferred to my mother in laws name for what my sis in laws 4 and my husband only son has given sign on NOC Now my sis in laws are coming very frequently staying with us and doing unwanted interference. After intervension they fight back a lot and now finally they have asked us. (Me and my husband) to vacate the house. Mom is laws is completely influenced by them. Pl suggest what best we can do to avoid being homeless? We are ready to give their share in the house in form of money.
Shinde
(Querist) 22 May 2013
Expecting your valuable answer !
Raj Kumar Makkad
(Expert) 23 May 2013
Your sister in laws have no concern with the house property. If your mother in law initiates any legal proceeding and a final judgment (up to last court) is passed against you only then you can be got evicted from that house otherwise you need not worry. Such litigation generally may take a time of 20 years or more so be intact and maintain your possession in that property.
Deepak kharat
(Expert) 23 May 2013
Your husband is having equal share in your in the property and since your in possession of the same they cannot remove unless your mother in laws so desire, so better you firm till the things do not take ugly turn. Additionally, you can be kind and persuasive with your mother in law to defeat your sis-in laws tactfully.
Shinde
(Querist) 24 May 2013
My mother in law is highly inflenced by sis in laws.. all sis in laws are speaking from my mil's mouth..
Is it true that will can be made only for self earned property and not the property which is inheritance and transferred. as my fil's flat is transferred in the name of my MIL after taking concent of my husband and all his sisters.
Sankaranarayanan
(Expert) 24 May 2013
what so ever your husband have legal share on that property and no one have right to send out .As suggested by mr Deepak "o better you firm till the things do not take ugly turn".
Anirudh
(Expert) 24 May 2013
If the property has already been relinquished by the son (i.e. husband of the querist) and the daughters in favour of the mother (i.e. mother-in-law) of the querist, HOW CAN ONE SAY THAT THE HUSBAND HAS SHARE IN THE PROPERTY?
@Shinde: It is correct that one can gift / create WILL only in respect of the property which one is owning. However, it is not necessary that the property should be self-earned. In the instant case, as the property is in the name of the mother-in-law, she has every right to do whatever that she wants to do.
Shinde
(Querist) 25 May 2013
@ Mr Anirudh,
She has right of disposing the property the way she wants... she can make the will and even can give property to any third person.. but incase if no will is made, will the property be automatically transferred to her nominee?
ajay sethi
(Expert) 25 May 2013
has any deed of relinquishment been executed by your husband and his sisters in favour of mother . you have stated NOC was given . was it by deed of relinquishment or mere letter assuming deed of relinquishment has been executed by your husband and other legal heirs your mother in law is absolute owner of said property .if your mother in law wants you to vacate the premises you dont have any case
