Property rights
uttara harshe
(Querist) 24 January 2018
This query is : Resolved
Hello,
I have a question regarding buying a home. My mother-in-law has two son's and she wants to buy a 3bhk house on her name in Pune. She wants to sell her maternal home of Baroda and she wants to invest that money to buy a new home. But she is 64 years old and couldn't get any loan. So for that my husband will take the loan for the remaining amount to buy a 3 bhk house. It may be possible that he(my husband) has to sell his own 2bhk house in case to pay the loan in future. I am the 2nd owner of that 2 bhk house and the 1st owner is my husband.
So the case is my mother-in-law will raise the money and my husband will take a home loan to buy 3bhk house. My mother-in-law wants to be the first owner of that house and my husband will be the second owner. Then is it possible that my brother in law will claim for that 3bhk house in future which is owned by my mother in law and my husband?
Thanks and Regards
Vijay Raj Mahajan
(Expert) 25 January 2018
Yes the brother in law can claim the 50% share in the 50% portion of the mother in law in the 3BHK house after the death of the mother in law by way of inheritance under the Hindu Succession Act,1956.
Best solution is the mother in law makes a registered Will in favour of your husband with regard to 50% portion of the 3BHK house, so that the brother in law can be debarred to claim his share in the 50% portion of the property by way of inheritance as he too is one of the heir of his mother along with your husband. All precautions to be taken while drafting the Will to avoid it to be challenged in the court at the time of probation and being set aside, that will be big lose for your husband.
Adv. Yogen Kakade
(Expert) 25 January 2018
In such case your mother in law and your husband shall be joint owners of the property. Your brother in law shall have a legal right to ask for his share in the 50% of the total flat property and your husband shall retain 50% share plus his respective share in his mother's share of remaining 50%.
Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-65248888
uttara harshe
(Querist) 26 January 2018
In a case if first owner of the house is Husband and the second owner is One Of the Parent. Then is it possible that brother in law will claim for the house in future or a wife have the rights to claim for the house?
uttara harshe
(Querist) 26 January 2018
In a case if first owner of the house is Husband and the second owner is One Of the Parent. Then is it possible that brother in law will claim for the house in future or a wife have the rights to claim for the house?
Dr J C Vashista
(Expert) 27 January 2018
First owner or second owner do not make any difference in the title of the flat, both are owners of equal portion wherein LRs of your mother shall have their right in 50% share of their mother on her demise, if she do not bequeath a will or sale/gift in favour of your husband.
