Do my sons have rights on their grand father's house
Chandrakala
(Querist) 05 October 2015
This query is : Resolved
Hello Experts, I am from Hyderabad, Telangana. My father in law has self acquired house. Myself and my husband developed the house investing about 13 lakhs since my marriage in 1999. My in laws have no source of income since my marriage. myself and my husband take care of the household and out of our earnings we constructed first floor and renovated ground floor also. During all these years they have taken the rent amount of 2 flats monthly in spite of we handling all the expenses. My in laws have 3 daughters elder to my husband. They have changed the mindset of my in laws for want of share in the property. They are claiming equal share. They are all well settled financially and their children are settled in foreign countries. We dont have any other house to live in. My in laws are even ready to sell the house and share equally. I have 2 sons aged 11 yrs and 4 yrs. What rights do my husband and sons have on this house. Will proceeding legally help us? Kindly advice.
Kumar Doab
(Expert) 05 October 2015
It is believed that you are Hindu.
You have posted that your Your Father in Law is alive as on date.
During the life time of of owner/Father in Law no none including his ClassI legal heirs i.e. spouse,sons,daughters have forced share in self acquired property of Father in Law.
Your Father in Law can give away as it pleases to him his property, during his life time ............... to any one by sale/gift/WILL................or mortgage.........
If Your Father in Law deceases without disposing his estate in his life time by a valid deed, and leaving a valid WILL your husband shall have equal share along with his mother,brothers,sisters...............
Daughters have equal share in un-partitioned proprieties left by their Hindu father.
Your Your Father in Law can by his sweet will give more to your husband or you or your sons................
Parents usually do not discriminate and ignore the service of their children.............
If sisters have approached and cajoled their father you and your husband may if you deem fit, also express yourself to your Your Father in Law.He may take care of your needs and wishes.
Rajendra K Goyal
(Expert) 05 October 2015
sisters have equal share in the property of parents if parents expires intestate.
The amount invested would not count till there is a family agreement.
Better try to have amicable settlement.
Chandrakala
(Querist) 05 October 2015
Thank you for the reply sir.
Kumar Doab
(Expert) 05 October 2015
You are welcome.
T. Kalaiselvan, Advocate
(Expert) 11 October 2015
This being your father in law's self acquired property, during his life time he has full rights to transact and dispose the property in the manner and mode as per his desire for which he need not have to take a consent or permission from anyone including his own wife, therefore your children do not have any right in it neither your husband. However since you have taken care of your parents in law and their needs with affection, you may ask your husband to convince his father to arrange for settlement of property on his name owing to the prevailing plight. You must act swiftly but politely and patiently so that you dont stand losing your privilege at the end of the day.
Chandrakala
(Querist) 12 October 2015
Thank you for the advise sir. In case my father in law want to sell the house and to share the amount equally or as per his will, please advise on these questions.
1. will the buyer ask for our acceptance of if any signature of ours is required.
2. if we dont accept / sign can he still buy the house.
3. If he buys the house without our acceptance then is there any scope for us or our children to claim or proceed legally.
Anirudh
(Expert) 12 October 2015
1. The property being the self-acquired property of your father-in-law (which will be seen from the Property Document in his possession and from the Registry records), the buyer need not and will not ask for acceptance or signature of anybody else (as they are not at all required).
2. The question of your accepting or refusing to sign does not at all arise. Therefore the question 2 posed by you does not arise.
3. If the buyer buys, even your husband, leave alone your children, do not have any legal right to proceed.
alexander
(Expert) 31 October 2015
What do you have in mind when you say " In case my Father in Law WANT to sell the House ...." "or as per his Will."
He can sell his property during his life time only. The Will becomes effective post - his demise. Two different case scenarios.
