90,000+ Legal Questions Answered
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
A.daughter-in-laws or grandsons gets rights from you and brother.
So you and brother can relinquish your share and then it can be sold.
So you and brother can relinquish your share and then it can be sold.
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
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.
If you like my answer, please rate me.
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.
If you like my answer, please rate me.
Helpful
Helpful
Share
A.Hi,
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.
If you like my answer, please rate me.
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.
If you like my answer, please rate me.
Helpful
Helpful
Share
Sidhaarth
Responded 2 years ago
A.Daughter in law's and grand son have no independent right in the property. If you and your brother relinquish right in favour of father then your father will become absolute owner and then he can sell property to any person.
Helpful
Helpful
Share
A.Dear Sir,
Once your father become absolute owner then he can sell and no other person can raise objection.
Once your father become absolute owner then he can sell and no other person can raise objection.
Helpful
Helpful
Share
A.As per Mitakshara school of inheritance and Hindu Law of inheritance when you and your brother are going to relinquish then your father becomes the whole owner of the property then certainly he can alienate the property without getting any objection from anyone.
Helpful
Helpful
Share
Read Related Answers
ANCESTRAL PROPERTY LEGAL HEIRS NOT COMING FORWARD FOR PARTITION
Dear Client,
As regards your query no.1) My father's brother wife has a done a gift in name of her only daughter. Is it valid? Ans:- No it is not valid. Until and unless an undivided ancestral propert...
Shop evacuate
Dear Sir,
You can file a suit for permanent injunction and restrain them from forcing you to close your shop if you have taken relevant licenses to run the shop from the local authority that is munici...
Decree by court i r o Specific PERFORMANCE of contract agreement
Dear Sir,
It is a disputed issue which has to be decided again by the Civil Court and you must seek cancellation of such judgment since you are in possession of regular Sale Deed before judgment was p...
Property and Home loan
Dear Sir,
It is a complicated issue. Now a days you cannot believe even the family members. If you go legally it will take years together. If there is possibility take possession of some part of the h...
Remove co owner from FLAT BBA if he is not giving his consent
Dear Sir,
You have to get issue a legal notice to remove co-owners name as it was only for name sake as there was no contribution from him. If builder did not do that then you have to approach Civil C...
Read Blogs on Property
Property Lawyers
Find Lawyers by Location