Wife's rights on jointly bought properties
2 years ago
Husband and wife(both TN govt employees), after marriage, from self-earnings bought 4 properties jointly registered in different periods. Total sale consideration of all 4 properties amounts to 18.0 lakhs. The couple actually paid more than the sale considerations through cheques and cash. The couple has no child. Husband recently died without making will. Mother of diseased filed case against DIL in Sub-court asking 4.5 lakh, ie ¼ of 18.0 lakh as per Hindu Succession Law. Is there any legal option to say NO to MIL.
A.Dear Client,
After the husband died without leaving a Will, his undivided half share in those properties passed to his wife and mother, who are both Class I heiresses under the Hindu Succession Act, 1956, and thus the mother is legally entitled to claim either an undivided one-fourth share in those properties or the market value of such an undivided one-fourth share.
Thank you!
After the husband died without leaving a Will, his undivided half share in those properties passed to his wife and mother, who are both Class I heiresses under the Hindu Succession Act, 1956, and thus the mother is legally entitled to claim either an undivided one-fourth share in those properties or the market value of such an undivided one-fourth share.
Thank you!
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.After death of the husband without making any Will , his undivided half share in those properties devolved upon his wife and mother both being the Class I heiresses under the Hindu Succession Act,1956, and therefore the mother is legally entitled to claim either undivided one-fourth share in those properties or the market value of such undivided one-fourth share so her claim is actually very nominal so it is advisable to settle the issue with her by requesting her to transfer her undivided one-fourth share in those properties absolutely and for ever by executing registered Sale Deed in favour of her deceased son's wife at and for a total consideration of Rs 4.5 Lakh because otherwise the mother at anytime can rectify her claim by demanding her undivided one-fourth share upon the prevailing Market value.
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