Legal right on my husband's property
Mrs. Annapoorni
(Querist) 11 July 2011
This query is : Resolved
My husband jointly owned a house with his mother. Now both of them have died and the mutation of the property in my name with the willingness of my children - Son & Daughter (both married). But my son is continued to stay in the same house with his family and is troubling me a lot affecting my privacy. Also he claims full right to the property. He runs his business from home only. I do not have any other source of income other than my family pension and support of my married daughter for medical expenses.
Kindly inform me about my legal right on the property so that my son cannot ask me to vacate the property.
R.Ramachandran
(Expert) 11 July 2011
You have to indicate whether your son and daughter gave Registered Relinquishment Deed (relinquishing their interest/share in the property) in your favour. Otherwise how did you get the property mutated in your name.
If your son and daughter had given you the Registered Relinquishment Deed, then the property is now yours and your son / daughter cannot claim it as a matter of right. You can successfully resist any attempt by your son from claiming any part of the property, leave alone full property.
It is not clear in which city you are living, so that one can see your documents and say.
vinay vaidhya
(Expert) 11 July 2011
you have 1/3 rd share in the property and you are class I legal heir
R.Ramachandran
(Expert) 12 July 2011
Dear Mr. Vinay,
Can you please tell me the basis on which you say that she will get 1/3rd share in the property.
Deekshitulu.V.S.R
(Expert) 12 July 2011
You have aright in the property. You have charge on the property SEE 2004(3) Andhra Legal Decisions. P.323= A.I.R. 2004 Andhra Pradesh. P317.
Advocate. Arunagiri
(Expert) 12 July 2011
I agree with Mr.Ramachandran. If the son and daughter had relinquished their shares in favour their mother, they can not claim their right later on.
R.Ramachandran
(Expert) 13 July 2011
Dear Mr. Deekshitulu,
The citation quoted by you has NO RELEVANCE whatsoever to the present query.
