Property Right of daughter-in-laws and grandsons
2 years ago
My mother was allotted a DDA flat in Delhi, but was staying in a different city. For the last 17 years, I'm staying in this flat along with my wife and two sons. My mother passed away intestate, thus my father, my brother and myself became the legal heirs as per the legal heir certificate. Now, if my brother and myself relinquish our share of 33% each in favour of my father making his share to 100%, can he then sell this property to a third-party, and can the two daughter-in-laws or grandsons claim their share or object to this deal in the property?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
So you and brother can relinquish your share and then it can be sold.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
If the legal heirs relinquish their claim in the property, the legal heirs of the legal heirs (i.e in the present case daughter in law and the grandsons) cannot claim their share in the property.
The father shall be the sole owner of the property and he is free to deal with the property in any manner, after the other legal heirs relinquish their share.
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The claim over the property survives in the legal heirs, i.e. you, your brother and your father. The daughters in law and the grandsons have no independent claim over the property, if you people decide to relinquish your individual claims. Your father then will be able to deal with the property in any manner he wants to. No one can object to that.
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Sidhaarth
Responded 2 years ago
Once your father become absolute owner then he can sell and no other person can raise objection.
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