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pinky (s/w engineer)     26 January 2010

Rights of son over mother on propertiesafter father's death

 My Father in law expired in 2009 may. My husband is only son and he has a younger sister who is married in 2000, out of 12acres we gave 4 acres land and 6lacs cash as her dowry i.e 35% of property is been given to her. My husband came to US in 2001 i.e after her marriage, We both got married in 2006. My husband sent all his earnings since 2001 to his father in india to buy some properties... my father-law made properties on his name which is bought by my husband's and my money.Now my mother-in-law is against to the property transfers from my father-in-law name to my husband name which includes my husband's grandfather's property(ancestral land).Will my sister-in-law will have right on property we bought after her marriage with our own earings which is on her father's name.Will my mother in-law able to transfer all the properties on her name with out my husband permission.his mother was against our marraige, so i never insisted my husband to write the property on my name which we bought after i started earning.Note: My mother-in-law and sister-in-law signed for docs my husband as legal heir. Anyways properties earned by my father-in-law are on her name where we are not even asking for share in it.



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 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     26 January 2010

As pe prevailing law in India, the properties belong to a person in whose name those have been purchased and it hardly matters from where such purchaser arranged for money.

 

In your case, your MIL is now  legally owner in possession of those properties which acording to you have been purchased in her name by way of moeny sent by your husband. These properties are self acquired as per India Civil law so she is free to alienate the same in favour of any person as per her whims and desires including to your SIL.

pinky (s/w engineer)     27 January 2010

 Thank you so much for your time on my post. Actually I am not talking about properties on my MIL name...there are properties on my FIL name who is expired last year may. Does she have all the rights to transfer properties from my late FIL to her name without my husband acknowledgement. 


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