Right of ancestral property.
shezmart
(Querist) 17 February 2013
This query is : Resolved
we have been separated from my in-laws since 6years. we were not given any share or any money during separation.They hold a 2bhk flat which is in the name of my mother in law and grand father in law.Father in law has expired since 8 yrs.Family consists of brother in law and sister in law both married. we have separate ration card since 3 yrs.my query is:
1) what rights do my husband hold in this matter.
2)Can they transfer the flat in the name of brother in law leaving us with out any share.
3)How can we safe guard our rights.
Raj Kumar Makkad
(Expert) 17 February 2013
1). He do not hold any share during the life time of his mother or grand father.
2. Yes.
3. Convince them to make equal settlement.
shezmart
(Querist) 17 February 2013
can i know the reason for not holding any share in the property
prabhakar singh
(Expert) 17 February 2013
Before you want to know why you do not have any share in 2bhk property told in query,you need to tell what do you mean by expression "we" with which your query begins and also that from which religion you come.???
Otherwise in general term if you are a Hindu and this flat was owned by your wife's grand father as well as her mother then in case her grand father died intestate,legally property devolved equally upon his mother,widow,and sons and daughter(who so ever survived him)but you have not told about his death.
You have also not told if your wife's mother is alive or dead.In case she died intestate and is survived by her husband and sons and daughter then her 1/2 in the flat shall equally go to these or among those who survived her.
Only there after relevancy of death of your
wife's father shall come in picture.
Anyway as husband you have no share in the property.Your wife may be provided facts are there as asked for consideration.
shezmart
(Querist) 17 February 2013
I'm daughter in law.Me and my husband got separated from the family 6 yrs back. Im Hindu by religion .The flat is in the name of my mother in law (my husband's mother) and my grand father in law(i.e, my husband's Dada ji) both are alive. Father in law expired 8 years back. we have a separate ration card since 3 years.My query remains the same.
1) what right does my husband hold in this matter.
2)can they transfer the flat in the name of my brother in law. without our consent.
3)how can we safe guide our rights
prabhakar singh
(Expert) 17 February 2013
FACTS:"The flat is in the name of my mother in law (my husband's mother) and my grand father in law(i.e, my husband's Dada ji) both are alive."
SO BOTH OWNERS ARE ALIVE AND HAVE ABSOLUTE RIGHT TO DISPOSE OFF THE FLAT IN THE MANNER OF their CHOICE,sale gift or WILL.
JUST NOW YOUR HUSBAND DOES NOT HAVE ANY RIGHT IN THE FLAT.
HIS RIGHT COULD BE SEEN AS PER CIRCUMSTANCES EXISTING AFTER THE DEATH OF THE PRESENT OWNERS.
Raj Kumar Makkad
(Expert) 19 February 2013
I do endorse the subsequent reply of Mr Singh.
