Residential Property
Shreya
(Querist) 18 May 2009
This query is : Resolved
The house I stay is in the name of My husband, my self & my Mother in law. My husband has one brother & one sister. Kindly let me know that in any unforesaid circumstances can my brother in law & sister in law claim right on the property.My husband runs a family business which is in the name of my mother in law.
What is the procedure my taking my mother in laws name from my Residential house.
Thanks In Advance.
sanjeev murthy desai
(Expert) 18 May 2009
Dear Shreya,
If the subject property is ancestral nature of ur mother in law, ur husband, his brother and sister have equal rights in that property. If the Property is self acquired of ur mother in law then she has absolute rights in that property. If u want to acquired that property, u should have acquired through gift deed/sale/or any other deeds executed by ur mother in law in favour ur name..
adv. rajeev ( rajoo )
(Expert) 18 May 2009
Shreya,
U have not stated that how the property is acquired, whether it is ancestral and self earned property of u, ur husband and ur mother in law. If u all have purchased the property then ur b-i-l and s-i-l will not have a share.
U have also told that ur husband is running the family business which is in the name of ur mother.
So the property purchased by u all from the income of the family business then b-i-l and s-i-l will have a share.
When property will be purchased by his/her own earnings then other joint family members are not entittle to claim their share.
If u want to take the share of the ur m-i-l then u will have get executed rights relinquish deed.
Y V Vishweshwar Rao
(Expert) 19 May 2009
In respect of the House, a Relase Deed is suitable
The Business aspect has to be verified - how it is Family business and who are interested in the Family business and what is the relation between the Family business and House Porperty/family income / funds to acquire the proerty
sanjeev murthy desai
(Expert) 20 May 2009
Release Deed is not acceptable in respect of your mother in law property.
Becuase You dont have any rights to acquired under release deed in respect of that property. If you want to acquired under release deed you should be have equal rights in that property. Otherwise gift/sale/settlemt is very good document to have acquired the title from your m-i-l in the name of you.
Y V Vishweshwar Rao
(Expert) 07 June 2009
As per the Query - the House is in the name of Husband , wife and Mother in law - Joint owners - Release Deed by M-I-L in favour fo her son/D-I-L ,appears to be suitable
Swami Sadashiva Brahmendra Sar
(Expert) 18 May 2009
