Widow daughter in law rights on father in laws property

Your question is about the property for which the loan amount availed and repaid by your husband till his life time?, First of all clarify that on whose name is the property lying now, i.e., on whose name is the registered deed is lying now?, what type of loan did your husband avail on the property, i.e., whether as a co-applicant or title holder?, In my opinion, if your husband availed loan as a title holder, upon his death, the property will devolve purely on his own legal heirs comprising his wife, children and mother, if his mother is ready to relinquish her rights in your favor, that will do, you do not have to obtain consent from his brother or sister to acquire this property on yours as well as your son's name jointly. Clarify the details for further opinion.

Mr. Kalaiselvan has rightly advised you. You may reply to the points raised.

>>> It is believed that deceased were Hindu and Hindu Succession laws shall apply, and you have stated that deceased have not left any WILL.

Class I relations of Hindu Male: 


• Son/Daughter
• Widow
• Mother
• Son/Daughter of a pre-deceased son (per-deceased means “already Dead”)
• Son/Daughter of a pre-deceased Daughter
• Widow of a pre-deceased son
• Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels)
• Widow of a pre-deceased son of a predeceased son


Thus spouse (wife) shall share the estate equally along with other ClassI legal heir(s) that includes Mother, and children too.

 

>>> Estate in the name of Father in Law ( property, bank a/c,LIC etc): Your husband is ClassI legal heir of his father (alongwith his your mother in law/brother in law/sister in law) and his ( your husband’s) share shall devolve upon you (wife) and your (husband’s) children.

 

>>> Estate in the name of your husband ( property, bank a/c,LIC etc): His mother, you (spouse) and his children are ClassI legal heir and all classI legal heir shall share his estate equally.

 

The estate can be portioned either amicably and partition deed should be ideally registered so avoid complications in future……………………………and clear title too.

If settlement is not achieved amicably any legal heir can approach court thru his/her lawyer and  shall partition it.

 

 

 

Hello Kalaiselven Sir,

Property registered on my father in law's name   and Loan taken by my husband From LIC ( Keeping this document as mortgage). After completion of the loan After a year my father in law died. In Loan also both my father in law/husband name is there. Our one of well wisher told transfer Katha to mother in law's name and after a month transfer it to me and my son's name.

1) Can i do like this? 

2) Do i need legal heirs certificate for the same? 

 

3) Is daughter signature is also required ( Even thought  no relationship from 20 years)

dear gayathri

    sad to hear your story......incase if you prove that the loan amount is paid by your husband means you can get that property but the remaining self acquired or ancestral property of your father-in-law also has share to your sister-in-law....if she has humanity she will not raise any issues.

It is your father in law self earned property,as per your version and your husband had gone for mortgage loan against it. Your FIL  had died intestate i.e., without will, so the property will devolve upon all legal heirs.All of them have equal share. I do not think it is wise what your well wisher has said, it will land you in trouble and make property litigated. Try to reach your SISTER IN LAW through known sources or file partition suit, inform the court that you are ready to pay her share and get her rights relinquished. Yes legal heir certificate is required and her SIL signature is also required for sale of property if you wish to do the same.