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Pradeep Gupta (software Engineer)     06 November 2009

Property from my mother-in-law

I married in 2007. In the year 2002, My father-in-law has purchased a land and build a house in the name of his wife i.e my mother-in-law after taking home loan from Bank of Baroda for the tenor 10 years.
He have one son and one daughter (who is now my wife) and one grandson (from his son). His Son got married in the year 2005. In the year 2006, his son had left the home with his wife and son. Today, nobody knows where he, his wife and his son are located or we don't know their status, whether they are alive or dead.
In May 2009, My Father-in-law expired due to heart-attack and TB & in the same year i.e. Nov 2009, My Mother-in-Law also expired due to heart failure. They don't left any will behind. Also, now nobody is staying in that house.
Now, the question arise due to the property left behind. Still the Home Loan (around 75000/- ) is left in BoB. So, my question is, Shall my wife can acquire the property after completing the home loan? or what should be the procedure for acquiring the property & their household items.


 2 Replies

Meenakshi (Lawyer)     06 November 2009

 The property devolves on the Son and the daughter is married so is not entitled to get the property and the home loan also is to be paid by the its the discretion of the court then...I suggest GET a lawyer because if your wife`s brother comes to know that the property is in dispute he will definitely comes back to obtain that share even after three years...

H.D.Kumaravelu (Advocate)     06 November 2009


Since your father in law and mother in-law are dead and since they have not executed any doument with respect to the house property under law they are deemed to have died instestate. Sucession opens on thier death. UNder law thier two children namely son and daughter( your wife are class I hier entitled to suceed to the property. But now your case is your brother in law has left the house in 2006. to presume civil death time has not come to an end. Hence as on date your brother in law and your wife are both entitiled to the property.  Nothing prevents you to discharge the debt and take possession of the house. You are always entitled to get the amount of money paid by you to the bank on the share of your brother in law.on day when he arives and demands for his share in the property till then the property can be intact otherwise the bank will proceed under SARFAECI Act and the valuable house property will go out of your hands.

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