Legal Heir

Querist : Anonymous (Querist) 03 July 2011 This query is : Resolved
Dear Professional,

Me & my husband aren't not staying with my In - Laws coz they were against our marriage & also they have not kept any relations with us as their son married to me against their wish.My husband is having one sister who is married,my question is in future if they don't keep anything for my husband & nominate everything on my sister in law's name then can we challange her in the court for my husband's right?Who will be the first person entitled to get posession of house,my husband or his married sister?

Need your advise.

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R.Ramachandran (Expert) 03 July 2011
If the properties are self-acquired properties of your in-laws,then as absolute owners, they can do anything with it as they like. No one can question that.
If in their wisdom they give all the properties as gift / Will to their daughter, without giving a 'bit' to their son, they will be perfectly within their rights. Nobody can question that.

In case they die, without disposing of the property by way of GIFT or WILL, then the property will be inherited by their legal heirs viz., son(s) and daughter(s) in equal share.