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Amitha K V Iyengar (Freelancer )     06 August 2014

Succession to a property in a cantonment society

An old lady who is a family friend is suddenly being evicted by her daughter-in-law who lives away on her own/with her parents. The lady's deceased husband had funded for the purchase of the flat in which the couple and now the widowed wife is living. Her deceased husband had purchased and registered the flat in his son's name and had no where included his wife's name. There is no documentary proof that the flat was purchased by  the deceased father . Now the son is dead and the daughter-in-law lives away with her child and does not have any association with her in-laws. But since the deceased son was a defence officer, the WILL automatically reverts to his wife i.e. the daughter-in-law. Using this as an authority, now she wants her mother-in law to vacate from the house in which she had always been living or otherwise, is demanding market rent. Please throw some light on this so that the helpless lady  can be guided. The property is under the cantonment and has an AWHO society formed. There is an issue with the transfer from the society as they say a no-objection is required from the daughter-in-law, which iss next to impossible.  



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 1 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 August 2014

"A woman/widow, her young husband having expired, would be in a fragile situation. She cannot prevent the entry of her parents-in-law in her home. She cannot take charge and control of her life at such a sudden misfortune. She is very likely to be thrown out of her home as she has deposed. She has nowhere except her parental home to go to. She may or may not be able to strike back. She knew that her daughter is not alone. Daughter - in- law has to look after her mother - in - law in the same flat. Mutation cannot complete unless mother-in-law give her consent.


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