I am 70 year old Hindu woman. my son bought 1 bhk flat from Assoctech Builder for 30 Lakhs from his own income in 2013. He made me the co-owner in the property and agreement to sell of the property is registered with Authority. there is no loan/mortgage on property.
before we could take the possession from the builder , my son expired in 2015 leaving behind her widow( my daughter in law). there is no child.
my daughter in law has written to builder not to handover the property to me(co-owner) has she claims right in the property as My son dies intestate (without will).
Builder is not handing over the property as my daughter in law is not co-operating in getting necessary documents like succession certificate, legal heir certificate , NOC etc and as such property has settlement of house is becoming difficult as she is claiming full right and does not acknowledge right as per Hindu succession Act.
sale Agreement is silent on share of property between me and my son.
Please guide me:
1. what is my total share as per Hindu Succession Act? 50% or 75% or 100% incase of last surviving co-owner
2. how do i take possession from builder?
3. what case can i file against builder and daughter in law in court to get the possession of house or distribution of share in property?
plz guide me how to go about this matter as settlement is not working and its 4 years now i m paying holding charges to builder
if share is not disclose in the agreement then you have right on 25% and co-owner was your son and his only Two legal heirs you (mother) and his wife then you got another 25% share so you have 75% rights on the said property...you can file partition case between you and your daughter in law and in the same suit you have to make party to the builder for possession of the suit....with Two different prayers (1) possession (2) partition.