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shrikant v. sathe (retired)     03 June 2023

legal heirs of the ownership property

My friend had expired in 1991.He had wife ,two daughters and one son.The daughters and son are married.My friend was living with his family in a rental house and was paying rent with due receipt from landlord.After his demise his wife started to pay the rent and got the receipts in her own name by the landlord.In 2012 her son died and his wife got remarried in 2014.Unfortunately she took a divorce and staying in someone's home on cot basis.My friend,s wife left the rental house without giving possession to the landlord and kept the house locked for 3 years.The landlord sent a legal notice asking her to vacate the house ,but she did not give possession.The matter went in court of law and ran for 6 years.Then the landlord and she made a compromise and in that compromise landlord to give flat on ownership basis .The landlord also agreed to convey this to promoter ,so he can make new agreement to friend's wife.The wife given consent to vacate the house after agreement is made between her and promoter.But she stated in compromise that if she died in the meantime,the entire process will be done by one of her grandson and same ownership property will belong to him after her demise.Now my questions are as follows
1)Is she entitled to get entire ownership property in her name
because she was the wife of my friend?
2)Do the married daughters get the equal right like their mother in the property?

3)If her one daughter is absconding for 16 years then can son and daughter get right in the property?
4)Can the wife of the friend transfer the entire ownership property to her grandson without considering the rights of other grandson and daughter
5)Can she become the owner of entire ownership flat or will get only 1/3 portion because she also has one daughter and other absconded daughter and her two adult children
.Please answer me.


 4 Replies

Dr. J C Vashista (Advocate )     03 June 2023

Your friend stated to have been expired in 1991 subsequently his widow took divorce from whom ???

If she got divorce and occupied tenanted premises for 3 years ??

Facts posted are vague and confusing.

Prima facie it is a fabricated and not a real story.

However, if there is some truth in the story let the party may contact and consult a local prudent lawyer for appreciation of facts and professional advise.

shrikant v. sathe (retired)     03 June 2023

Please read neatly.My friend's wife did not take device .After the death of her son his wife remarried and took divorce from her second husband.The only question is ,can the property may divide into three parts,one my friend's wife and her two daughters?If one daughter is absconding then her children.I think you will now know the fact.
1 Like

Advocate Bhartesh goyal (advocate)     04 June 2023

( 1 ) yes,your friend's wife is only entitled to get  ownership of flat as compromise took place between her and  landlord.

( 2 ) No, as they were not living with tenant ( their mother ).

( 3 ) No

( 4 ) Yes, your friend's wife can transfer the property to anyone as per her wish.

( 5 ) Shr will be owner of entire property.

shrikant v. sathe (retired)     05 June 2023

The root of the rental house was my friend's father.This means the original root was the grand father in law of my friend,s wife . He had taken rental house in his own name then my friend and then his wife was getting the receipt in her own name by the landlord.So the property which she will get as a gift from landlord must be divided equally between her and her daughters.This my logic.

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