victim need help (HOUSEWIFE) 01 March 2014
Subash M R (Advocate) 01 March 2014
Here what matters which kind of property Mrs.Gupta has been acquired. It is ancestral property in the eye of law,so,daughter-in-law can claim in so far as her husband share in the property .
Thanking you,
victim need help (HOUSEWIFE) 02 March 2014
But Mrs Gupta is claiming this property to be her self acquired property and says that she is the absolute owner of the house on the basis of the convayance deed. what are the ways to detect that these papers are fraudulently prepared. (sale agreement/gpa/will/conveyance deed)
T. Kalaiselvan, Advocate (Advocate) 03 March 2014
what is the nature of conveyance as title of the conveyance deed suggests? Is it settlement or gift or sale or what is it? If Mr. Gupta was the owner of the property till his death and he died intestate without making any arrangement for the property, the property will devolve upon all his legal heirs equally i.e., on his wife, son and daughter. Now the question is whether the son was disowned by his mother or not, what is this going to with the daughter in law, she does not have any right or interest in the property during her husband's life time, so in what way is she claiming or disputing ?
victim need help (HOUSEWIFE) 04 March 2014
T. Kalaiselvan, Advocate (Advocate) 05 March 2014
The DIL, if she has gotany grievance about maintenance aspects, she has to initiate legal action against her husband only and not against his close relatives namely mother or sister. She can very well have the residence rights in her husband's residence but not in somebody's (mother) residence. Father in law's property will not be ancestral property so that she is claiming a share for her son, She cannot claim a share in her husband's share which he inherits out of the self acquired property of his father who died intestate. That property will become her husband's own property which he can dispose it as per his sweet will. In the present scenario, the DIL will stand to lose all her cases to claim a share in the property except that she is entitled for residence rights.