FORUM
Children of deceased parents have equal rights
I am a Hindu girl and married to a Hindu as well. After six months of marriage my husband and I shifted from my In-laws house and started living in a rented place . On 20 September, 2008 my father-in-law expired and we had to shift back with my mother-in-law to their own house as we had to take care of her.
My husband has a younger brother who lives in Mumbai and is not married. We are not only taking care of my mother-in-law, but we also pay for the monthly groceries and the maintenance fee for the society we live in. (We have the bank details for the same).
My in-law has 2 flats in Pune. One is given on rent and we live in the other house. The loan taken for both the house is paid in full to the bank by my father-in-law.
After my father-in-law’s death, we have no idea where the property paper is. The key of my father-in-law’s cupboard is with my brother in law and he doesn’t share that with his elder brother who is my husband. Name withheld on request.
My queries:
1.My husband being the eldest son , what right he has on his father’s movable and Immovable properties?
Our panellist, Mr. R.L.Narayanan replies: Assuming that your husband, his brother and your mother-in-law are the only legal heirs of your father in law and taking that your father-in-law has not left any Will, all the persons will be entitled equally to a 1/3rd share of his assets movable or immovable in the normal course.
If my father in law has made a will on his younger son’s name, can we do anything about it legally and is that right?
Mr. Narayanan replies: You have to check whether there is any Will and if so, whether the Will has been voluntarily and properly executed without any coercion or pressure. In the event of there being any dispute with regard to the Will, the parties like other legal heirs can approach the Court for suitable relief.
2. Is it illegal for my brother in law to keep the house documents or the will with him and not sharing it with his sibling?
Mr. Narayanan replies: You can call upon your brother in law to produce the original documents or copies of the same as the documents are relevant for distribution of shares to the legal heirs. In the event that your father in law has left any Will, your husband can ask for the copy of the same and take suitable action based on facts and circumstances.
3. Don’t the children of deceased parents have the equal right in their parents property?
Mr. Narayanan replies: The children of deceased parents normally have equal rights in the parents’ property, subject to making of any Will or other document. There can be other circumstances also which may affect these rights. This depends on facts and circumstances of each case. However, generally speaking, if there is any grievance regarding the distribution of shares in estate or denial of any right, the affected party has several remedial measures, which may be granted by Courts concerned. It is advisable to work out the remedies at the earliest point of time.
My mother and my aunt are joint owners of a shop. Ten years ago we made one family settlement where my aunty had transferred her full rights of said shop to my mother. My aunt died 3 years ago . Now how can I transfer that said shop in favour of my mother. Does it require any tranfer fees?
Mr. Narayanan replies: The nature of family settlement is not clear. If it is not a registered document, you have to obtain suitable documentation from your aunt’s children. This will require payment of necessary stamp duty and registration charges which may vary from place to place depending on the location of the property.
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