property from mother-in-law
Pradeep Gupta
(Querist) 06 November 2009
This query is : Resolved
I was married in 2007.
In the year 2002, My father-in-law has purchased a land and build a house in the name of his wife i.e my mother-in-law after taking home loan from Bank of Baroda for the tenor 10 years.
He have one son and one daughter (who is now my wife) and one grandson (from his son). His Son got married in the year 2005. In the year 2006, his son had left the home with his wife and son. Today, nobody knows where he, his wife and his son are located or we don't know their status, whether they are alive or dead.
In May 2009, My Father-in-law expired due to heart-attack and TB & in the same year i.e. Nov 2009, My Mother-in-Law also expired due to heart failure. They don't left any will behind. Also, now nobody is staying in that house.
Now, the question arise due to the property left behind. Still the Home Loan (around 75000/- ) is left in BoB. So, my question is, Shall my wife can acquire the property after completing the home loan? or what should be the procedure for acquiring the property & their household items.
adv. rajeev ( rajoo )
(Expert) 06 November 2009
file a suit for declaration and injunction as ur wife is the only surviving legal heir of her mother. U will have to make paper publiction of the suit summonsu u/o 5 rule 20 of CPC. Regarding filing of suit contact ur local advocate.
Another thing u can do file an application before the Tahasildar of ur city and obtain the survivor certificate, which is also ordinarily known as legal heir certificate. After obtaining it u file an application to concerned departments to get enter ur wife's name to the property.
A V Vishal
(Expert) 06 November 2009
The situation described by you has certain inherent problems. You can pay off the loan to the bank subject to the fact that your Bro-in-law can come and claim the property after that. Please understand that your wife is entitled to only 50% of share in the property. However, as per law, only a person who is not heard of or known to be alive for more than seven years can be declared dead. After the lapse of seven years, you will have to file a petition in the court for a declaration that your brother-in-law and his family as their whereabouts are not known be declared dead. Only after that can you file a suit to claim and succeed the property as the legal heir of your in-laws. You will not get any relief in the interim period.
Shivasurya
(Expert) 06 November 2009
Exactly correct Mr. Vishal, Mr. Pradeep you can follow the words of Mr. Vishal
Raj Kumar Makkad
(Expert) 06 November 2009
The correct legal position in the given case is first lodge an FIR against the missing of your brother-in-law if not earlier lodged and obtain its certified copy and then take all the properties left by your father and mother in law in your possession and thereafter pay entire loan amount of bank and obtain Clearance Certificate. Then after obtaining the death certificate of her father and mother, your wife shall file a suit for declaration against General Public and her missed brother seeking declaration in her favour the ownership of the properties left by her mother and father to the extent of 1/2 share and after seven years of FIR, can further claim rest of the properties and can get entry of her ownership in the relevant record.
niranjan
(Expert) 06 November 2009
Yes, seven years will be calculated from the date of filing FIR and not from the year you know that he is missing.Mrakkadsir"s advice is perfect.
Pradeep Gupta
(Querist) 05 January 2010
Thank You all for helping me!
One more question is that, My father-in-law was having some investments like LIC, NSC etc. I had contacted to post master and LIC Manager, they are saying that a succession certificate should be required to claim those movable assets.
I am staying in Bangalore but those assets are in Durg (Chhattisgarh). How can I file an application for succession certificate from bangalore to claim those movable assets (currently in Durg)?
Shall, we have to go to DURG to file the application or we can file the application from bangalore itself? Also, what should be the stamp, fees for succession certificate?
