Ancestral house
Vinod Waydande
(Querist) 06 October 2015
This query is : Resolved
Dear all,
Its a pleasure being here.
I have a query, my father in law had bought a house and after his death the house shall go to his wife (50%)and his 1 son (25%) and 1 daughter (25%). Now the daughter is married and the brother (married) has expired, before death her took in writing (Cheated her) from his sister (my wife) that she does not want a share in the ancestral property. Now my question is:
1) In this case does she loose her complete share?
2) Will the property % be again be divided as 62.5% (in her mothers name) and 32.5 (in her sister in laws name)
3) Or the 25% which she (my wife had will directly go to her sister in law.
Guest
(Expert) 06 October 2015
Any Un Registered Document will Not be Valid.Consult Local good Senior advocate with all evidences.After the demise of the Sister her Legal Heirs would have the Rights.
Rajendra K Goyal
(Expert) 07 October 2015
Who bought the house and in whose name it is now?
Whether FIL is alive?
Whether he has bequeathed any will?
Who has got the letter from your wife and whether the same is registered.
How the share mentioned by you are arrived at?
Consult local lawyer and show him all the related documents.
P. Venu
(Expert) 07 October 2015
The question lacks clarity.
Is your father-in-law alive?
Has he made a Will or or executed a family settlement on the lines stated?
Is not the "1 daughter" your wife?
"before death her took in writing", who has died? Who too in writing?
Vinod Waydande
(Querist) 08 October 2015
Thanks for the reply, will add some more information:
Dear Mr. Rajendra,
1) The house was bought my father in law and after his demise the rent receipts are in the name of my mother in law.
2) FIL
3) He has not bequeathed any will.
4) After the death of my brother in law the letter is with my sister in law, which she has kept hidden. We will file a RTI in the court to obtain the letter.
5)One of my friend who is fighting some legal cases for years gave his input, that after my father in laws death the house is shared as 50% to wife and 25% each to son and daughter and if my wife has given a "Hakk Sod Patra" for her share than her share will be divided 12.5% each to my mother in law and sister in law.
Dear Mr. Venu,
1) My father in law is not alive.
2)He has made no will as it was a very sudden death.
3) Yes
4) My brother in law expired and before his death he took in writing from my wife that she does not want a share in the property.
P. Venu
(Expert) 08 October 2015
Your wife's statement, even if in writing, is of no legal effect unless it is through a registered deed.
As such, she is vested with 1/3rd share in the property.
