Sam 12 April 2019

Father purchased property for son

My husband�s father purchased a property in my husband�s name after the death of my mom in law. This was because he wanted to remarry and was pressured by other family members to purchase a property in the name of his son. The details of money sources and accounts is mentioned in the deed. Father in law thereafter made a power of attorney of my husband for the same property wherein he used it for collecting rent. He later remarried. A few months prior to his death we sent a notice to cancel the same power of attorney and he replied to the notice that he purchased that property out of love for his son and because he paid the money he is the rightful owner of the property. His second wife is now claiming her stake in the property and she says it�s family property since it was purchased using funds of father in law. Will she have a claim in this property?

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10 Replies

Anil Upadhyay (Lawyer) 12 April 2019

Your husband is the owner of the property... but some clarifications with respect to facts are required...

Sam 12 April 2019

What facts?

G.L.N. Prasad (Retired employee.) 13 April 2019

Consider the facts, age of your husband during the transaction, his avocation when the sale deed specifically mentioned the source of his funds, and that it was self-acquired. Follow proper Dharma and avoid unnecessary litigation. If he has not written any will demand the son's share. The final answer is YES she is having a legitimate right as wedded wife in the property as the source of acquiring the property is clear. May be your father in law and his wife are not that smart, and if FIL has executed a will, it should have been more complicated.

Sam 13 April 2019

My husband was not a minor when the property was acquired. She was also not his wedded wife at that time. No will was executed by FIL. My FIL also purchased a few properties in her name unbeknownst to us. They only got married 2 months prior to his death and till that time he was also receiving my late MIL�s pension. My question is how can she stake a claim in a property when it was acquired many years before she became part of the family? What is the point of purchasing a property in the name of my husband when anyone can claim it?

G.L.N. Prasad (Retired employee.) 13 April 2019

Inheritance is a different aspect and there is no law that the property must be acquired at a point of time when both are in wedding bliss.

There may be some personal issues which is not material, but at the time of death she is legally wedded to him and she becomes her husband's legal heir and no law can prevent her from claiming her rights.

P. Venu (Advocate) 14 April 2019

The posting is confused. Please post simple facts devoid of subjective opinions.

G.L.N. Prasad (Retired employee.) 14 April 2019

Father purchased property in the name of son. The recitals state that it is the self-acquired property of the father. Later after the expiry of his wife, father got remarried.. Father in law's widow is claiming her right on a share of property self-earned by her husband kept in the name of son. . Daughter in law seeks guidance:

The query of the member is My question is how can she stake a claim in a property (wife of father) when it was acquired many years before she became part of the family? What is the point of purchasing a property in the name of my husband (son through her first wife) when anyone can claim it?

Sam 14 April 2019

When it is his (FIL�s) self acquired property and when he has clearly stated that he purchased the property for his son out of love, can she still claim her share in the same property?

P. Venu (Advocate) 15 April 2019

"This was because he wanted to remarry and was pressured by other family members to purchase a property in the name of his son."

Is this mentioned in the conveyance deed?

"A few months prior to his death we sent a notice to cancel the same power of attorney and he replied to the notice that he purchased that property out of love for his son and because he paid the money he is the rightful owner of the property"

Why this extraordinary step?

Sam 15 April 2019

Is this mentioned in the conveyance deed? - No Why this extraordinary step? He and the lady were threatening that they will sell the property if certain �demands� of theirs won�t be fulfilled by my parents.