Prperty rights of children

Originally posted by : Citizen Kane
	My sisters husband died a week ago. Husband and his sister were willed the property where the parents are living. The proeprty was bought by the husbands father. Sister and Husband stayed on the top floor of the property for over 26 years. This was done because the Husband ran the business which was in his fathers name and the father would take 50% of earning. Both Father and Mother are alive. Now the Husband's sister is pressurizing her father to give the entire property to her. What should my sister do?

Husband's sister can ask her share and not the entire property. The widow is also entitled to share in the property equally. All 1 share each. At this time if father writes whole of property to daughter. Then where will the widow go. But you have not specified whether the said property is self earned or ancestral. If it is self earned property of the old man, then he can give it to anyone. The entire setup is quite ambiguous. The husband should have made some kind of agreement with father while he was alive is my opinion.

If father in law blindly give away property to dotter, then that can be challenged in court.  Dont worry.

The property that devolves by WILL should acquire nature of self acquired.

The succession of self acquired property shall be as per personal law that applies e.g; Hindu, Christian.

Wife as legal heir shall have a share.

If husband left NO valid WILL then it is simple case of inheritance/intetstate succession.

The procedure/rules should be available on website of authority under whose jurisdiction property falls e.g; MC.

Obtain requisite forms/procedure from website or O/o Authortiy.

Submit the death certificate, legal heir certificate/affidavit etc to authority for transfer in the name of Legal Heirs and obtain latest mutation records showing inheritance.

Thereafter the wife (your sister) attains rights equal to that of owner and can act like owner.

Don’t give up possesion.

Father of your deceased brother in law can not sell/dispose whole property of his son until he bis vested with such rights by your sister (for her share).

She may not sign any papers, until she is advised by her own counsels at her own location.

It is a self earned property of her father in law. In laws were dependednt on my brother in law. They are Catholic Christains.