Property disputes between me and my in laws
Radhika Sharma
(Querist) 04 June 2018
This query is : Resolved
Hi i am Radhika Sharma 60 years of age a widow is stay at my husbands house from past 35 years. (From the day i got married in 1980 to my husband) with my daughter and son. This property that i am staying in was initially under my mother in laws name n she passed away a couple of year's back making a will stating that this property after her death would be under my husband's name 1st and then youngest son. Now my husband passed away in 2012 n he didn't make any will or an legal paper's to transfer his share under my name. Now my brother in law (the half owner of this property as per will) is refusing to transfer the papers under my name. And is forcing me to stay in this house like we r his slaves which i don't want anymore. I do not have the agreement paper's of this property he has it , i jus have the Share certificate original with me. He wants half share from this property where in he is a very financially settled guy n works in Merchant navy as an chief engineer. I do not wish to give him any share from this house as i am legally staying here n paying all the maintenance bill's etc. I want help in this matter kindly help. My email is arpana.sharma1317@gmail.com. kindly revert asap please i need help my son who was in merchant navy is not working due to medical conditions n my divorced daughter is also home n not working.
Radhika Sharma
(Querist) 04 June 2018
I need advice how to go about as i am lost n don't know what to do. This property is still under my MIL's name under society and name plate.
Radhika Sharma
(Querist) 04 June 2018
I need advice how to go about as i am lost n don't know what to do. This property is still under my MIL's name under society and name plate.
Radhika Sharma
(Querist) 04 June 2018
I need advice how to go about as i am lost n don't know what to do. This property is still under my MIL's name under society and name plate.
Guest
(Expert) 04 June 2018
Legally the Property now belongs to your Late husband and his brother.
Guest
(Expert) 04 June 2018
As legal Heirs of your husband your self the Wife ,son and daughter are eligible for your husband's share that is 50% of the property and balance 50% belongs to his brother.
Guest
(Expert) 04 June 2018
Legally the Claim of your husband 's brother for the 50% is legally Valid.
Guest
(Expert) 04 June 2018
There is no use of talking about the employment and income of your husband's brother now.
Guest
(Expert) 04 June 2018
His Claims are his legal rights........................
Guest
(Expert) 04 June 2018
Better Co operate and sort out the Issue amicably .
Vijay Raj Mahajan
(Expert) 04 June 2018
When did mother in law? Year?
What was actually stated in her Will?
Was the Will prorated after her death?
Did your husband die before the death of mother in law or after her death?
What is the actual claim of the brother of your deceased husband?
You post queries here from experts without disclosing complete facts and expect them to give you correct legal opinion how that's possible.
Vijay Raj Mahajan
(Expert) 04 June 2018
When did mother in law? Year?
What was actually stated in her Will?
Was the Will probated after her death?
Did your husband die before the death of mother in law or after her death?
What is the actual claim of the brother of your deceased husband?
You post queries here from experts without disclosing complete facts and expect them to give you correct legal opinion how that's possible.
Guest
(Expert) 04 June 2018
First you apply for Legal Heir certificate of your husband and Discuss with local advocate Please.
Kumar Doab
(Expert) 04 June 2018
IT is mandatory to probate the WILL in areas of Bombay, Calcutta, Madras..
It is not in other areas..
The authority under whose jurisdiction property falls has a set procedure for such matters if the WILL has surfaced; Testate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the WILL, death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements. The authority may ask for NOC from legal heirs (other than beneficiary) and/or to release newspaper advt and/or may write to legal heirs to submit their objections if any within set time.
If there is NO contest to the WILL by any legal heir then authority shall act upon the WILL without any cloud on it and transfer the ownership in the name of beneficiary.
If WILL is contested it lands up in probate court of pecuniary jurisdiction. The court shall decide on validity of WILL.
The legal heirs may also consider perspective of registered family settlement after the WILL and register it.
Check locally and comply with procedure. Thereafter concerned official in the O/o Authority e.g; Patwari, shall act upon the matter and transfer the ownership by inheritance/probate in the name of legal heirs in mutations records.
Thereafter obtain copy of updated mutation records.
For partition by boundaries either decide amicably (best recourse) or take help of other elders of the family or panchyaat or court of law..
If WILL is not submitted to be acted upon then it becomes matter of succession per personal law that applies.
Although it is wrong since the WILL exists.
Check locally and comply with procedure.
Has the procedure been complied with?
Or has the WILL been probated?
Kumar Doab
(Expert) 04 June 2018
Your query in 1st post give impression that your Mother in Law i.e. title holder/testator expired couple of years ago say; year 2015 and your husband expired in year 2012.
In other words the beneficiary deceased before testator.
Isn’t IT?
However your mother in law has named other beneficiaries i.e. your younger son and your brother in law…
While the WILL was being acted upon/probated…..these facts would have come to light…
and both might have go the share as per WILL..
“Hi i am Radhika Sharma 60 years of age a widow is stay at my husbands house from past 35 years. (From the day i got married in 1980 to my husband) with my daughter and son. This property that i am staying in was initially under my mother in laws name n she passed away a couple of year's back making a will stating that this property after her death would be under my husband's name 1st and then youngest son. Now my husband passed away in 2012 n he didn't make any will or an legal paper's to transfer his share under my name. Now my brother in law (the half owner of this property as per will) is refusing to transfer the papers under my name. And is forcing me to stay in this house like we r his slaves which i don't want anymore. I do not have the agreement paper's of this property he has it , i jus have the Share certificate original with me. He wants half share from this property where in he is a very financially settled guy n works in Merchant navy as an chief engineer. I do not wish to give him any share from this house as i am legally staying here n paying all the maintenance bill's etc. I want help in this matter kindly help. My email is arpana.sharma1317@gmail.com. kindly revert asap please i need help my son who was in merchant navy is not working due to medical conditions n my divorced daughter is also home n not working. I need advice how to go about as i am lost n don't know what to do. This property is still under my MIL's name under society and name plate.”
Kumar Doab
(Expert) 04 June 2018
Rest you may respond to the points raised in response to query
Kumar Doab
(Expert) 04 June 2018
Expenses to maintain the property can be shared by beneficiary(ies)..
Ms.Usha Kapoor
(Expert) 05 June 2018
Agree with experts. you are I mean 50% property widow, her son and daughter are entitled. Let them get legal heir certificate and death certificate 0f her husband and MIL from the Hospital where they breathed their last or Registrar of births and Deaths of Municipal corporation or Municipality and claim their share in flat property on the basis of share certificate widow/wife has in possession from CHS as (wife) /widow has been paying maintenance charges to coop Housing society.
P. Venu
(Expert) 05 June 2018
Any suggestion depends upon the contents of the Will by your mother-in-law. Prima facie, the facts posted suggest that only life interest had been bequeathed to your late husband.
