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Son's share in mother's property after father died?

  
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Son's share in mother's property after father died?

Postby symington » Mon Jun 25, 2012 1:31 am

My father in law died 23 yrs back.The flat (block) in parle- mumbai is on my mother in law's name with husbands name in nomination .My husband has elder sister and two sisters smaller than him ,now all married. My husband has been fulfilling all will and needs of my mother in law .my husband is sending all monthly expenses .Five years back my mother in law was seriously ill due to which 5 lakh rupees were spend ,all was done by my husband ...now the situation have changed my mother in law care more for her she feels her three daughters are everything .my mother in law does not care for my husband in any sense though he is doing all this since 23 years .now question is what are the legal rights of my husband in the flat in Vile parle mumbai . can my sisters in law claim any rights in property which is on my mothers in law's name with my husband name in nominations
Can my mother in law take any decision without my husbands notice or in private
kindly help me take any legal steps . my husband still wish to take care of my mother in law as he has been all these years since 23 years ..
symington
 
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Son's share in mother's property after father died?

Postby lathrop » Mon Jun 25, 2012 1:39 am

If the property acquired by your mother inlaw by her own then she have all the rights to do what she like; if not the property will be according to the document already prevails. Your mother in law can't change it.
lathrop
 
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Son's share in mother's property after father died?

Postby francisco » Mon Jun 25, 2012 1:47 am

If the property acquired by your mother inlaw by her own then she have all the rights to do what she like; if not the property will be according to the document already prevails. Your mother in law can't change it.
The property will devolve upon the three sisters and one son i.e. your husband equally unless his mother has not written and kept a Will to devolve the full right in the flat to any one or all sisters baring your husband. The nomination is only a custodian of the property after her death. Upon death of mother the ownership in the flat will be shared by all legal heirs according to hindu law. If the flat has to go to your husband only, then his mother should transfer the flat in the name of your husband now itself and get it registered from a Registrar's office. Even if she makes a unconditional gift deed in his favour and get it registered, it is o.k. A will can also be made by her in his favour, but this Will will be invalid if she writes another Will on the behest or request of his sister(s) without the knowledge of your husband.

It is often said, "It is not that hard to earn property, but is very hard to safeguard and look after it".
francisco
 
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