Upgrad LLM

can wife rent out flat after husbands death


Husband died 2 yrs ago without doing any nomination or will. He is survived by his wife, mother and father. There are no children. As per Hindu succession law, the wife and mother will be deemed to be equal heirs in the property. Wife gave the property on rent without consent of mother. Later due to some conflict between wife and the mother, they have gone to court over succession issue. They have made society also party to the case. Society on their part have not done the transfer since there is no succession certificate obtained yet. Mother claims that the wife is not giving her the right to property. Mother has taken objection on the renting of property by the wife. She has written to the society to not allow the flat to be given on rent. What should be the societies stand? - should society ask the wife to not give the flat on rent and cancel the current agreement (under what law can they do that) - should society ask the mother to get an interim order from court to not rent the property which the society will follow since it�s a party to the case. - should society simply tell the mother that they have no jurisdiction in this matter as it�s their internal family matter
 
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U make tenant as party in court and press the court to issue orders urgently .society has no rights it has to obey court orders.
 
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Advocate

Society cannot take any decession, because litigation is pending before the court.  Society has to continue as it is

 
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It depends on the situation. Here, few things will arise like the ownership of a flat at the time of her husband's death was with him or not. If yes, then she would become the legal heir & she can rent out flat even after the death of her husband. To know more 

 
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