Petition to claim my wife Properties Legally
sachin singh
(Querist) 31 July 2016
This query is : Resolved
Hello
Actually after 4years of marriage my wife death due to Dengue fever in hospital
...now the question is that she was the nominee of her mother property...her mother (my mother in law) had expire 7year back....am I legal to claim that property or not .....
Kumar Doab
(Expert) 31 July 2016
It is believed that your MIL was Hindu and her estate was her absolute/self acquired property.
A Hindu woman's absolute/self acquired property devolves upon her husband,sons ,daughters.
Thus your wife has equal share in it.
Your wife's share should devolve upon husband,sons ,daughters.
You have posted that:
"she was the nominee of her mother property."
Nomination in property;may not be necessarily parallel route to succession.
What was this property; say Flat in some Co-OP society.
It was in which state?
sachin singh
(Querist) 31 July 2016
Flat and land...in Gujarat...
sachin singh
(Querist) 31 July 2016
Flat and land...in Gujarat...
Rajendra K Goyal
(Expert) 31 July 2016
Whether you are having children from her?
How many legal heirs are of your mother in law and your wife?
sachin singh
(Querist) 31 July 2016
No I dont have any child...Her Father And me
Guest
(Expert) 31 July 2016
Mr. Sachin Singh,
If it is a real case and not an academic query, can you please clarify, wht was the specific reason that your wife did not assert her claim on property after the death of her mother 7 years back?
Also, a pertinent question arises, how you have come to know that your wife was nominated for the property, and for which property?
sachin singh
(Querist) 31 July 2016
Her father try to take her sign to transfer whole property on his name...my wife think those days no matter property on whose name... if my father need I will give ...but suddenly his father married an other..bring a step mother to her... after my marriage with my wife...her father try everyday to take her sign ...so we simply know yes my wife is nominee...when he says I need ur sign to sell flat and land..
Guest
(Expert) 31 July 2016
Mr. Sachin,
Your reply is quite an inapt reply. If your wife thought if her father need she would give, why she failed to sign? The reason quoted by you doesnot fit to the situation, for seven long years, why she refrained to give sign to transfer the property in her father's name?
Moreover, you have not replied my first question. Was there any specific reason for not replying?
Kumar Doab
(Expert) 31 July 2016
You have not clarified the land is in Co-OP society?
You have posted that:
---"Actually after 4years of marriage my wife death due to Dengue fever in hospital
...now the question is that she was the nominee of her mother property...her mother (my mother in law) had expire 7year back....am I legal to claim that property or not ..... "
Your wife has deceased.
Before dying did she sign any paper in favor of her father?
If yes what was it?
Say NOC or Relinquishment deed?
Has the property after signature ( if signed) been transferred in the name of your father in law?
Have you obtained the related property documents e.g. mutation record/link documents and verified?
---"am I legal to claim that property or not'
Generically speaking; Yes.
However you must get all record and documents examined by a very able counsel specializing in revenue/property/civil matters.
sachin singh
(Querist) 31 July 2016
Because her father bring a step mother with her 3 childrens...two girl and a boy 18year...so she think she is not going to share property with them....thats why she didnt transfer to his father name...as u know if she had given that property to his father then there should be a more share members after him....and first question answer is that after two years of her mother death she married to me...that time no one think about properties...but when his father try to sell property of her mother then he get reply with lawyer that need sign of ur elder daughter to transfer this property
sachin singh
(Querist) 31 July 2016
Whats the mean of co_op society?
sachin singh
(Querist) 31 July 2016
What should I do To get all records and documents??
Guest
(Expert) 31 July 2016
Still your reply has got holes. You have also not replied my question, nomination for which property?
Further, for three long years, your wife had been living with her father before your marriage, she could well have signed the transfer papers or preferrd her claim over the property, as your father-in-law brought her step mother only after your marriage. But there is no clarification on that aspect by your side.
You have not preferred any convincing reply, why your wife did not claim that property for all the 7 years, and specifically during the 4 years period after your marriage and particularly when step mother cropped up at the scene?
R.K Nanda
(Expert) 31 July 2016
Contact lawyer personally.
Guest
(Expert) 31 July 2016
When you have not been able to properly describe your problem even on several queries, better contact some capable lawyer, discuss in detail with him, show whatever evidence you have got, let him analyse the case to arrive at some conclusive opinion to guide you appropriately how to get all records and documents.
Don't experts that for free advice experts here would continue to repeatedly ask you for clarifications in long series.
sachin singh
(Querist) 31 July 2016
He brought her step mother after 15 days death of her mother...and for ur kind information....before my marriage she had a step mother .... and his father is uneducated person...he didnt know that he will going to need her sign till he approached to lawyer....after my marriage slowly slowly he try to get that property with her... but she also think about our future....she try to explain his father if this property I wil transfer on ur name then in future there will b a more share members....now could u please help me what step should I take to claim this....am I legal for this or not....how to get document and paper copies?
Kumar Doab
(Expert) 31 July 2016
You have posted that:
---"but when his father try to sell property of her mother then he get reply with lawyer that need sign of ur elder daughter to transfer this property"
This hints that your wife did not sign NOC or Relinquishment deed!
In such case your mother in laws property shall devolve equally upon your father in law and your wife.
Your wife share shall devolve upon you as you have no children from the womb of your dead wife (as posted by you:::'No I dont have any child...Her Father And me').
Your father in law can give away from his share to anyone and as many.
---"Whats the mean of co_op society?"
Strange!
Have you consulted a counsel so far?
adv.bharat @ PUNE
(Expert) 31 July 2016
Author need to give answer of question raised by expert.
sachin singh
(Querist) 31 July 2016
Shal I file partition for this?
Kumar Doab
(Expert) 31 July 2016
Repeated at:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=140373&offset=1
Guest
(Expert) 31 July 2016
You raise new questions every time instead of answering the questions raised for your clarification. Is there any hitch in replying the questions or it is your purely academci query?
Kumar Doab
(Expert) 31 July 2016
You have not been replying to the points raised by experts in both threads.
Have you consulted a counsel so far?
If yes, what is the opinion of your counsel?
P. Venu
(Expert) 01 August 2016
Provisions of Section 15 of Hindu succession Act apply in the instant case.
15. General rules of succession in the case of female Hindus.-
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.
(b) secondly, upon the heirs of the husband.
(c) thirdly, upon the heirs of the father, and
(d) fourthly, upon the heirs of the father, and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),-
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father, and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter ) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.
In the present case, as you had no children, seb-section (2)(a) applies. As such, whatever the facts and circumstances related to your ex-wife, which she had inherited from her mother, you have no right. And, in my considered opinion, settles the issue raised.
