Sanjiv Malhotra
(Querist) 20 June 2012
This query is : Resolved
My father-in-law and mother-in-law together are joint owners of a flat. My mother-in-law expired intestate in 2009. i believe that the 50 % share of my mother-in-law is equally divided between the 3 surviving family members i.e : my father-in-law, my brother-in-law and my wife, each aggregating 16.66 %. My father-in-law would be holding 16.66 % + his share of 50 % equaling 66.66 % and my wife ( his daughter ) 16.66 %. subsequently my father-in-law has gifted his share i.e 66.66% to his daughter vide a duly fully stamped & registered gift deed. The holding of his daughter now aggregates 83.32 % and the balance 16.66 % is held by her brother. The querry : The brother is in full possession of the flat as my father-in-law is living with us due to family feuds. I would like to know the legal status of my wife in regard to the property and her rights in the same. can she shift into that flat and claim 84 % living area ? what is her legal standing and what can she enforce in law. Thank you, regards
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