Property sharing
Sunil M
(Querist) 05 July 2012
This query is : Resolved
Hi,
i wanted to know the law for the property sharing of my wife. my father-in-law died before our marriage and later the property was registered to my mother-in-law's name. does my wife has rights to claim her share of property now. the property is in Medak district of AP.
in my wife's family they 4 sisters and all of them married, no brothers.
sanjeev murthy desai
(Expert) 05 July 2012
If property is transferred in favor of mother in law under registered deed then daughters don't have any rights over such property.
M.Sheik Mohammed Ali
(Expert) 05 July 2012
the above said property is ancestral property she can claim share, if father in law self earned property could not claim.
Adv.R.P.Chugh
(Expert) 05 July 2012
On the death of the father - the property automatically came to be vested in the children (i.e your wife and her siblings) equally alongwith their mother - it could not have been transferred to mother except when :
i) father left a will;
ii) Your wife and other sisters gave an NOC/Registered relinquishment deed.
If it is any of the above two then you can't seek a share now.
Otherwise share can be sought by filing a suit for partition.
Feel free to talk !
Sunil M
(Querist) 16 July 2012
Thank you very much for your suggestion sir, my FIL's was a sudden death due to cardiac arrest. He did not right any WILL or any Legal doc for the property to be transferred to my mother-in-law.
Secondly none of the daughters have signed any NOC or REGD Doc for the same, they were all major at the time my F-I-L death.
one of my wife's sister recently git love-married for which we have also supported them. Now my mother-in-law is threatening that she will give all the property to eldest sister who did not support this marriage..
We do not need the property for now but we want all the sisters to get equal share, please suggest us.
Thank you,
prabhakar singh
(Expert) 16 July 2012
In which year your father in law died?
Are there sons too?
How did your father in law acquired properties left behind?
When he died intestate without any will,
how came the properties registered in your mother in laws name alone and in which year?
