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Shailaja Shakti (House wife)     13 February 2012

Pls help

Hello,

I have a typical situation in front of me. Its like this:

 

My husband passed away 5 months ago. There is a flat in the name of my Father-in-law who also passed away 10 years ago. This is still in his name even after his death long ago. He has written a notorized will/ stating that this flat is for his wife/mother-in-law and can enjoy it etc. During his time he also had a law suit and after him my late husband was persuing the same. They won the case and the money received from that law suit is to be shared between my late husband and my mother-in-law. This was also mentioned by him.

But as my husband is passed away now, my mother-in-law produces the document/will which is notarised mentioning that the flat written to her by my father-in-law. She wants to sell it and give the proceedings to her younger daughter alone.  They were also given a flat in the complex which they sold and moved out long ago. The husband of my sister-in-law in now eyeing on the flat which is in the name of my father-in-law and impressed upon my mother-in-law to sell the same and give them the proceedings alone. No share to anyone.

Now my mother-in-law doesnt even talk to me and through relatives came to know that she wants my late husband's death certificate to produce in court/lawyer etc. She doesnt want to give me the share of 50% money from law suit / money received through court. No moral or sympathy towars me and my state. Before my husbands death they received few lakhs and she didnt that money too with my late husband.

My husnad is the only son with 2 sisters.

Firstly can she sell the flat which is in the name of my late father-in-law.

Secondly can she get the property transferred onto her name without legal heirs signature like me.

Thirdly can I ask/claim for a share in the property or from the money received and yet to be received as my late husband is the only son and I am his only legal heir of my late husband. We dont have any children.

Can she tell the court or lawyer that her son is no more and claim the entire amount? or by producing wrong legal heirs certificate excluding me or death certificate of my late husband.

The cruelty is she doesnt talk to me or empathise my situation of loss of husband. She doesnt even have emotions towards her only son (deceased). All she looks ahead is money,money and money. Even my sister-in-laws husband encourages her as he is eyeing huge sums by appeasing her.

Apart from the flat my father-in-law also left behind huge sums of cash and other properties like house plots etc. Now she claims everything to her own, wannna sell them and handover the proceedings to younger daughter alone.

There are also 2 car parking areas one for us and one for the flat which is in my father-in-law's name. She let them both now and claims ownership of both of them. There is no mention of car parking exclusively in any of the sale deeds or in the document which is writtn by my late father-in-law or in any related documents.

Pls also advice on claiming my car parking area  back..

Pls answer and help me.

Regards..



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     13 February 2012

If it is the ancestral property of your FIL then you can claim share in the share of your husband, you and your kids will get share.

You said about the will.  Who had filed the suit, whether will was challenged etc., are to be known, so if details are given then it can advised properly.

Shailaja Shakti (House wife)     16 February 2012

Many thanks.. its not my  FIL's ancestral property. The law suit is a private suit filed my my late FIL against his friend who took loan and didnt return it back. He then filed a law suit aaginst him abt 15 yrs ago and after his death my late husband used to follow the court proceedings. 

In the will/document written by my FIL he said that what ever money is recovered by the suit against his friend, that should be shared between his wife i.e my mother-in-law and my late husband. 

Now they won the case and got a part of the sum due and still ought to get some more. My mother-in-law has not given any money from that either to me or my husband and now as he has died can I ask/claim for the 50% as written/said by my FIL.


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