Rights on in laws property after death of husband
suchita
(Querist) 30 January 2016
This query is : Resolved
sir,
My father died in 2000 and my mother is living in ancestral house since her marriage. We are two daughters only, no brother. My father has a brother who lived in Kanpur after my grandparents death in 1993.He locked his room for this time period but now he is back with his family and torturing my mother. He said that u have daughters only so you give all this to me and go from here.
But my mother said that as i have lived in this house since last 40 years i'll not go anywhere as i have right in this property and i don't have any other property.
I want to know if my mother has any legal right on the property and what can she do to obtain it?
My grandparents did not registered their property. there is one patta paper only.
Kumar Doab
(Expert) 30 January 2016
It is believed that you are Hindu.
Don't vacate the house and don't believe
the uncle.
Visit the authority under whose jurisdiction the property falls e.g MC and obtain the mutation records showing chain of ownership.
Obtain death certificate of your father and grandparents and legal heir certificate if required as per authority and mutate the property/share as per inheritance (legal heir certificate).
The share of your father shall devolve equally upon your mother and children.
Seek intervention of elders of the family and if possible go for registered family settlement deed.
Approach an able local lawyer if you are unable to resolve on your own.
Rajendra K Goyal
(Expert) 30 January 2016
Get all the documents proving your share in the property.
If your uncle forces to vacate take police help.
kavksatyanarayana
(Expert) 30 January 2016
your mother, your sister and yourself have right over the property for your father's share. so get the copy of patta and other documents/papers if any and prove that you have right over the property. if your uncle force to vacate the room, make a police complaint. if necessary consult a local counsel.
