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Bhavna   29 April 2017

Property law

I need little help. We have a property that was on name of my mother in law. After her death as per law in case of no will my husband, my sister in law and my father-in-law...all three are equal owners of the property. We were happy but father in law did second marriage and since then everything is upside down. We ( me and my husband) have tried our very best since past 2 years but we are unable to tolerate things now. I want to know...how can we get separated...how can we ask for our share legally or how can we sell it so that we could relax our life and breathe in safe environment that is relaxed . If we plan to meet a lawyer what all things we should be aware of..... Please suggest me. We are troubled to big extent...my husband is finding very difficult to even do family business with my father in law. Thank you in advance. Thankful for such a platform where I can ask things without being tensed and worried. Regards Bhavna


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 5 Replies

Kishor Mehta (CEO)     29 April 2017

Madam, In the normal course your husband can ask for a division of the property that legally belonged to his mother. Consult a local advocate for suitable advice and guidance. Good luck, Kishor Mehta

saravanan s (legal advisor)     29 April 2017

your husband can file a partition suit to claim his rightful share from his deceased mothers property

Kumar Doab (FIN)     29 April 2017

It is believed that all of you are Hindu.

Confirm!

Kumar Doab (FIN)     29 April 2017

The authority under whose jurisdiction property falls has set procedure for such matters of inheritance: Intestate Succession: and it is usually available on website on authority also.

Download the procedure and also the docs etc required for it. Usually death certificate legal heir certificate is required.

Therafter obtain updated mutation records showing share of all legal heirs.  

If the process has already been completed then: obtain mutation records (with all link docs) showing share of all legal heirs.  

Once your husband  attain rights of owner he can act like owner.

Kumar Doab (FIN)     29 April 2017

The issue is, it may not be possible to partition the flat by boundaries and it might be possible to lock separate rooms and use common areas.

Explore possibilities of seling your share to other Co-sharers or others.

Local counsel specializing in revenue/civl matters can help you after examining the property related docs.


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