Inheritance of husband's property
Querist :
Anonymous
(Querist) 08 February 2010
This query is : Resolved
Dear Experts,
I will be highly obliged if you kindly go through my details & answer my queries.
I am a 35 year old housewife with 2 girls aged 2 and 8.My husband, aged 37 years died in an accident in April 2009. He bought a flat in 2007. He has not left behind any will. THe registration of the flat was not done and all letters came in his name only.Till now I had stayed in my in-laws place but think of moving to my parents place due to my in-laws misbehaviour with me over the last few months. I pay the maintenence fee of the flat & look after it. THe keys are also in my possession. I am not staying in the new flat as it is in an upcoming locality & it is not possible for my daughter to go to school from there. THere is an acute shortage of space in my parents home. I thought of selling out the flat and buying a new one . I apprehend that my mother-in-law can object to selling it ( as I have heard that she is a legal heir) under the advice of my 3 sisters-in-law. Please advice whether a) my mother-in-law is a legal heir. b) if so, whether she can objet to selling it, c) after her death whether my 3 sisers-in-law will inherit that part.
Regards.
A V Vishal
(Expert) 08 February 2010
a) my mother-in-law is a legal heir.
YES, THE MOTHER OF THE DECEASED IS ALSO A CLASS I HEIR AND SHE TAKES A SHARE IN HER SON'S PROPERTIES.
b) if so, whether she can objet to selling it
YES
after her death whether my 3 sisers-in-law will inherit that part.
YES, YOUR SISTER IN LAWS WILL INHERIT IT.HOWEVER YOUR CHILDREN ARE ALSO SUCCESSORS AS PER THE RULES OF SUCCESSION U/S 16
G. ARAVINTHAN
(Expert) 08 February 2010
If possible get consent of herself to sell the flat for the sake of your children
Raj Kumar Makkad
(Expert) 08 February 2010
you, both your daughters and your mother in law all 4 are owners of the mentioned flat in equal share and not only the consent of your mother-in-law is required but also, you shall have to seek the permission of civil court before selling the property of minor daughters. Better, you manage in that flat till things change in right direction.
Rohtash Babu Patel
(Expert) 08 February 2010
a) my mother-in-law is a legal heir.
Ans. Yes your mother in law is legal heir
b) if so, whether she can objet to selling it,
Ans. she can object to alienation only to the extent of her share in the house property. she will have one forth share in the property.
c) after her death whether my 3 sisters-in-law will inherit that part.
Ans. after the death of your mother in law her daughters in all, 3/4th share in property and your daughter will get 1/4th share.
It is advised to you to apply for right of pre-emption, and purchase her sahre, and then alinate the property.
