Shashikant 29 October 2018

Death In family and Propert Transfer

Husband and Wife lived in a Flat in Mumbai with 2 childrens (both girl) one aged 22 still studying and second one aged 14 still studying .. Flat is in the name of Husband's father.. Husband died now do Wife is entitle to get share/ where they will live as Husband's Father and Mother clearly stated into leave the house ..Please advice help in this matter

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12 Replies

Suri.Sravan Kumar (senior) 30 October 2018

is it self acquired property of husband's father?

G.L.N. Prasad (Retired employee.) 30 October 2018

Contact local advocate and explain the understanding between the son and father, whether rent was sent at any time, the duration of your stay, etc.... Unless you get eviction notice, and get court orders, your position may be safe. As you have to maintain two un married daughters, court may permit you even if your father in law gets a favourable order. (Which also may take minimum of ten years to get such order). Everything depends on mutual relations between you and your in laws and your source of earning. If you have better options, do not trouble your aged in laws as you have to perform marriage of two daughters and must maintain smooth relations.

Shashikant 30 October 2018

@Suri Sravan kumar Yes it is self aquired property of Husbands Father and Husband was the Nominee but unfortunately nominee passed away

Shashikant 30 October 2018

@Suri Sravan kumar Yes it is self aquired property of Husbands Father and Husband was the Nominee but unfortunately nominee passed away

Shashikant 30 October 2018

Thank you for your time Mr Prasad

G.L.N. Prasad (Retired employee.) 30 October 2018

Please understand as to why you have been advised not to post it on line forum, as your query/response may go against you in certain circumstances. The self acquired property can be dealt in any manner as he likes at any time. Nominee steps into the shoes of property though such nomination is not through will. Nominees legal heirs may not get any rights over property as it is self acquired and nomination can be changed during life time of your father in law and as that nominee is no more, he can make fresh nomination. It all depends on his will and influence of his other children on him and your relations with in laws family.

Shashikant 31 October 2018

I am asking a simple question Mr Prasad no intention to harras anyone or hurt anybody's sentiments..If Husband died and the Property is in the name of his father ..do wife and her children are entitle to get anything or they are thrown out .. What is Law i wanted to know that

G.L.N. Prasad (Retired employee.) 31 October 2018

The harm is not to any one and it is not harassment...my simple submission is that some times it may go against you in Court as you may be posting some facts which may be turned as adverse evidence against you. (Like your accepting that father in law acquired the property on his own self-acquired). In case of contacting lawyer personally most of these may be oral to him in person and not published or recorded.

Shashikant 31 October 2018

That is fine but my question still remains unanswered.. Is there a Law that the wife and her children entitle for something or they are left behind and they have to leave the house.. According to Law